Democratic Sen. Mark Kelly sued the Pentagon on Monday, saying Defense Secretary Pete Hegseth is trying to punish him for his warnings about illegal orders and that the Trump administration has violated his constitutional free-speech rights, according to the lawsuit filed in federal court.
Kelly, a former U.S. Navy pilot who represents Arizona, is seeking to block a censure letter sent last week by Hegseth. Hegseth said the censure was “a necessary process step” toward proceedings that could lead to a demotion from Kelly’s retired rank of captain and a reduction in retirement pay, the filing said.
In his request to the U.S. District Court for Washington, D.C., Kelly asked the judge to rule that the censure letter, the proceedings about his rank and any other punishments are “unlawful and unconstitutional.” The lawsuit argues that “The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” and says the prohibition applies with “particular force” to legislators speaking on matters of public policy.
Kelly’s court filing asked for emergency relief, and a U.S. District Judge scheduled a hearing on Thursday in Washington for Kelly’s request for a temporary restraining order. The lawsuit’s filing described the action as an attempt to prevent the government from continuing with any steps that could affect Kelly’s military status and benefits while the case is pending.
The dispute traces to a November video in which Kelly participated alongside five other Democratic lawmakers who are veterans from the armed services and intelligence community. In the 90-second video, the lawmakers called on troops to uphold the Constitution and not to follow the Trump administration’s military directives if they were unlawful, the lawsuit said.
The video was first posted on a social media account belonging to Sen. Elissa Slotkin, with Reps. Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan also appearing, according to the AP report. Trump later accused the lawmakers of sedition in a social media post, saying it was “punishable by DEATH.”
As the Pentagon began attacking suspected drug-smuggling boats in waters near Venezuela, Kelly and the other lawmakers continued to back the message in their video, according to the report. The attacks have killed at least 115 people, the AP said.
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 intelligence community, Hegseth said Kelly was the only one facing investigation because he is the only one who formally retired 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. The Pentagon said it was aware of the case but, “as a matter of policy,” it does not comment on ongoing litigation.
In a statement on Monday, Kelly said 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, adding, “That’s not the way things work in the United States of America, and I won’t stand for it.”