Senator Mark Kelly Sues Pentagon Over Censure Threat/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ Sen. Mark Kelly has filed a federal lawsuit against the Pentagon, challenging efforts to censure and potentially demote him over a video encouraging military personnel to resist illegal orders. Kelly argues the actions violate his First Amendment rights. A federal judge will hear the case this week.
Senator Kelly vs. Pentagon: Quick Looks
- Sen. Mark Kelly sues Pentagon over alleged unconstitutional punishment
- Defense Secretary Pete Hegseth issued a formal censure over a viral video
- Kelly joined other lawmakers in urging troops to disobey unlawful orders
- Trump called the video “sedition” and said it’s “punishable by DEATH”
- Pentagon investigating Kelly due to his status as a retired Navy captain
- Only Kelly is under investigation due to military retirement status
- Lawsuit claims retaliation against constitutionally protected free speech
- Judge Leon schedules emergency hearing on restraining order
- Lawsuit highlights growing congressional pushback against executive overreach
- Kelly vows to protect veterans’ rights and oppose political retaliation
Senator Mark Kelly Sues Pentagon Over Censure Threat
Deep Look
Democratic U.S. Senator Mark Kelly of Arizona has launched a legal challenge against the Department of Defense, accusing the Trump administration of violating his constitutional rights after the Pentagon issued a formal censure and opened proceedings that could strip him of his military rank and benefits.
Filed Monday in federal court in Washington, D.C., Kelly’s lawsuit claims the Pentagon’s response to his political speech violates the First Amendment. The conflict stems from a video released in November in which Kelly and five other Democratic lawmakers—each with military or intelligence backgrounds—called on U.S. service members to refuse any unlawful orders issued by the Trump administration.
The video, just 90 seconds long, was first posted to an account associated with Senator Elissa Slotkin and featured Reps. Jason Crow, Chris Deluzio, Maggie Goodlander, and Chrissy Houlahan. The lawmakers referenced the U.S. Constitution and emphasized the duty of military personnel to uphold legal and moral obligations, especially amid rising concerns about unauthorized military actions.
The Pentagon’s response was swift and pointed. Defense Secretary Pete Hegseth issued a formal censure letter to Kelly on January 5, calling it a “necessary process step” toward proceedings that could result in Kelly’s demotion from his retired Navy rank of captain, along with a reduction in his retirement pay.
Hegseth cited federal law allowing retired service members to be recalled to active duty for court-martial or other disciplinary actions. While all six lawmakers in the video have military or intelligence service backgrounds, only Kelly formally retired from the military—making him the only one currently within the Pentagon’s disciplinary jurisdiction.
Kelly’s lawsuit names Hegseth, the Department of Defense, Navy Secretary John Phelan, and the U.S. Navy as defendants. The suit argues that punishing Kelly for political speech as a sitting U.S. Senator represents a serious constitutional violation and a dangerous precedent.
“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” the complaint reads. “That prohibition applies with particular force to legislators speaking on matters of public policy.”
Judge Richard Leon, a federal judge appointed by President George W. Bush, has scheduled a hearing for Thursday on Kelly’s request for a temporary restraining order to block the Pentagon’s actions.
Kelly, a former U.S. Navy combat pilot and astronaut, has been outspoken in his criticism of what he describes as unlawful military directives from the Trump administration. The video was released shortly after the Pentagon began conducting strikes against suspected drug-smuggling boats near Venezuela—operations that have reportedly resulted in over 115 deaths.
In response to the video, President Donald Trump accused the lawmakers of “sedition,” calling their actions “punishable by DEATH” in a widely shared social media post.
Kelly, however, is not backing down. In a statement issued Monday, he declared, “I’m standing up for the rights of the very Americans who fought to defend our freedoms.” He accused Secretary Hegseth of attempting to suppress dissent and intimidate veterans by threatening their earned military benefits.
“That’s not the way things work in the United States of America, and I won’t stand for it,” Kelly added.
The Pentagon, through spokesperson Tricia McLaughlin, confirmed awareness of the lawsuit but declined further comment, citing a policy of not addressing ongoing litigation.
The legal challenge underscores a broader tension between members of Congress and the executive branch, particularly over issues of military conduct, veteran rights, and the limits of political expression. Legal experts note that the case may test the balance between military discipline and constitutional protections in unprecedented ways.
With a federal judge now poised to weigh in, the case of Kelly v. Hegseth could mark a defining moment in how America treats the political rights of its veterans—especially when they become lawmakers.
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