Democratic Senator Mark Kelly filed a lawsuit against the Pentagon on Monday, alleging that the Trump administration violated his freedom of speech rights by attempting to discipline him for raising concerns about unlawful orders given to U.S. troops. Kelly, a retired astronaut and former U.S. navy pilot representing Arizona, is challenging the recent censure issued by Defense Secretary Pete Hegseth. The censure, deemed a formal communication with minimal practical impact, could potentially lead to a demotion from Kelly’s retired captain rank and a reduction in retirement benefits.
In his legal action, Kelly is asking the federal court in Washington, D.C., to declare the censure letter, rank-related proceedings, and any further penalties against him as “illegal and unconstitutional.” The lawsuit emphasizes that the First Amendment protects individuals from reprisals for expressing dissenting views, especially on matters of public policy, as Kelly did.
The Pentagon has yet to provide a response to requests for comment on the matter. The case has been assigned to U.S. District Judge Richard Leon, appointed by former President George W. Bush. This uncommon legal action, where a sitting senator sues the defense secretary, reflects broader efforts within Congress to counter what some perceive as an overreaching executive branch.
The censure stemmed from Kelly’s involvement in a video released in November 2025, alongside five other Democratic lawmakers who are also military and intelligence veterans. In the video, they urged troops to uphold the Constitution and resist “illegal orders.” Despite facing criticism, Kelly and his colleagues have stood by their message, even as President Donald Trump labeled it as “sedition.”
The Pentagon initiated an investigation into Kelly in late November, citing a law that allows retired service members to be called back to active duty for potential disciplinary action. While all six lawmakers featured in the video have military or intelligence backgrounds, Kelly is the sole target of the investigation due to his formal retirement status falling under the Pentagon’s jurisdiction.
The lawsuit lists Defence Secretary Hegseth, the Defense Department, Navy Secretary John Phelan, and the Navy as defendants. Kelly stated that he is advocating for the rights of fellow Americans who defended freedom and criticized Hegseth for attempting to stifle dissent by threatening military veterans with loss of rank and benefits, asserting that such actions are unacceptable in the United States.