Democratic Sen. Mark Kelly sued the Pentagon on Monday over attempts to punish him for his warnings about illegal orders, claiming the Trump administration trampled on his constitutional rights to free speech.
Kelly, a former U.S. Navy pilot who represents Arizona, is seeking to block his censure from Defense Secretary Pete Hegseth last week. Hegseth announced on Jan. 5 that he censured Kelly over his participation in a video that called on troops to resist unlawful orders.
Hegseth said the censure — by itself simply a formal letter with little practical consequence — was “a necessary process step” to proceedings that could result in a demotion from Kelly’s retired rank of captain and subsequent reduction in retirement pay.
Kelly asked the federal court in Washington, D.C., to rule that the censure letter, the proceedings about his rank and any other punishments against him are “unlawful and unconstitutional."
Read the full lawsuit filing below
“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” his lawsuit says. “That prohibition applies with particular force to legislators speaking on matters of public policy.”
The Pentagon didn’t immediately respond to a message seeking comment
The censure stemmed from Kelly’s participation in a video in November with five other Democratic lawmakers — all veterans of the armed services and intelligence community — in which they called on troops to uphold the Constitution and defy “illegal orders.”
The 90-second video was first posted on a social media account belonging to Sen. Elissa Slotkin. Reps. Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan also appeared in the video.
Republican President Donald Trump accused the lawmakers of sedition “punishable by DEATH” in a social media post days later.
The Pentagon opened an investigation of Kelly in late November, citing a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other punishment.
Although all six lawmakers served in the military or the intelligence community, Hegseth said Kelly was the only one facing investigation because he is the only one who formally retired from the military and still falls under the Pentagon’s jurisdiction.
Hegseth, the Defense Department, Navy Secretary John Phelan and the Navy are named as defendants in the lawsuit.
Kelly said in a statement on Monday that he is “standing up for the rights of the very Americans who fought to defend our freedoms.” He accused Hegseth of trying to suppress dissent by threatening military veterans with depriving them of their rank and pay.
“That’s not the way things work in the United States of America, and I won’t stand for it,” Kelly said.
Read Senator Kelly's full statement below:
“Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him—and this or any administration—accountable. His unconstitutional crusade against me sends a chilling message to every retired member of the military: if you speak out and say something that the President or Secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted.
“Every servicemember knows military rank is earned, not given. It's earned through the risks you take, the sacrifices you and your family make, the leadership you display, and the respect you earn from the superiors who recommend you for promotion. From the moment I drove through the gates of Naval Air Station Pensacola, to when I was shot at over Iraq and Kuwait, to when I landed Space Shuttle Endeavour on its last mission, I gave everything I had to this country and I earned my rank of Captain, United States Navy.
“Now, Pete Hegseth wants our longest-serving military veterans to live with the constant threat that they could be deprived of their rank and pay years or even decades after they leave the military just because he or another Secretary of Defense doesn’t like what they’ve said. That’s not the way things work in the United States of America, and I won’t stand for it.
“In 1986, at just 22 years old, I took an oath to protect and defend the Constitution. I have fulfilled that oath every day since, but I never expected that I would have to defend it against a Secretary of Defense or President. But I’ve never shied away from a fight for our country, and I won’t shy away from this one. Because our freedom of speech, the separation of powers, and due process are not just words on a page, they are bedrock principles of our democracy that has lasted 250 years and will last 250 more as long as patriotic Americans are willing to stand up for our rights.
“So today, I filed a lawsuit against the Secretary of Defense because there are few things as important as standing up for the rights of the very Americans who fought to defend our freedoms.”
