Mark Kelly sues Pentagon, accuses admin. of unconstitutional retaliation
Sen. Mark Kelly is suing the Pentagon to stop what he says is an unprecedented effort to punish a sitting member of Congress for political speech. The lawsuit directly challenges whether the executive branch can use military authority to discipline lawmakers who criticize its use of force.
Kelly, a retired Navy captain and Democratic senator from Arizona, filed the civil suit Monday against Defense Secretary Pete Hegseth and senior military officials. He is asking a federal judge to block a Pentagon review that could downgrade his retirement rank and reduce his military pay.
A punishment Kelly says crosses a line
At the center of the case is a video Kelly recorded last fall with five other Democratic lawmakers who previously served in the military or intelligence community. In it, they reminded service members that they are not required to follow illegal orders.
The video drew fierce backlash from the Trump administration. Last week, Hegseth accused Kelly of undermining the chain of command and announced a formal censure. The Pentagon also opened proceedings to determine whether Kelly’s retired rank and pension should be reduced, citing what Hegseth called “reckless misconduct.”
Kelly’s lawsuit argues the response goes far beyond internal discipline and amounts to retaliation for protected speech. His legal team says no sitting member of Congress has ever been subjected to military sanctions for disfavored political expression.
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Sen. Mark Kelly served 24 years in the Navy from 1987 until his retirement as a Captain in 2011.
“It appears that never in our nation’s history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech,” the complaint reads. “Allowing that unprecedented step here would invert the constitutional structure by subordinating the Legislative Branch to executive discipline and chilling congressional oversight of the armed forces.”
Escalation from the White House
The legal filing also points to rhetoric from President Donald Trump, who publicly labeled the lawmakers’ video “seditious.” In a Truth Social post, Trump went further, calling it “SEDITIOUS BEHAVIOR, punishable by DEATH!”
Kelly’s lawyers argue that language matters. They say the public condemnation from Trump and Hegseth shows the outcome was effectively decided before any review process began, denying Kelly a fair opportunity to defend himself.
While the Pentagon stopped short of recalling Kelly to active duty or pursuing a court-martial, Hegseth warned that further punishment could follow if Kelly continued what he described as conduct prejudicial to good order and discipline.
Kelly says the stakes extend beyond him
In a statement, Kelly said the Pentagon’s actions send a warning far beyond his own case.
“His unconstitutional crusade against me sends a chilling message to every retired member of the military,” Kelly said. “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.”
Kelly argues the threat of retroactive punishment places veterans at risk years, or even decades, after they leave service. In the filing, his lawyers say there is no legal basis for disciplining a retired officer over post-retirement political speech, particularly when that speech falls squarely within a senator’s oversight responsibilities.
The suit also invokes the Constitution’s Speech or Debate Clause, which protects lawmakers from executive retaliation tied to legislative acts.
What happens next
Kelly is asking the court to block the Pentagon from enforcing the censure or moving forward with any retirement-grade determination while the case proceeds. He argues the harm would be immediate and irreversible if the punishment is allowed to stand.
A Pentagon spokesperson tells Straight Arrow News the department was aware of the lawsuit but would not comment on ongoing litigation.
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