US Senator Mark Kelly is suing the Pentagon over his allegations, calling them ‘unconstitutional’
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Democratic Senator Mark Kelly sued the Pentagon on Monday for trying to punish him for his warnings about illegal orders given to the US military, saying the Trump administration trampled on his constitutional rights to free speech.
Kelly, a retired astronaut and former US pilot who represents Arizona, is seeking to block his accusations from US Defense Secretary Pete Hegseth last week. Hegseth announced on Jan. 5 that he was criticizing Kelly for his participation in a video calling on soldiers to resist illegal orders.
Hegseth said the reprimand – a formal letter of little consequence – was a “necessary step” in a decision that could lead to Kelly’s demotion from the retired captain’s position and a reduction in retirement pay.
Kelly asked a federal court in Washington, DC, to rule that the letter of censure, the impeachment hearing and any other sanctions against him are “illegal and unconstitutional.”
“The First Amendment prohibits the government and its officials from punishing dissent or retaliating for protected speech,” his lawsuit said. “That prohibition applies with particular force to members of the legislature who speak on matters of public policy.”
The Pentagon says it is investigating Sen. Mark Kelly of Arizona on possible violations of military law Kelly joined other lawmakers in a video saying that the US military has refused illegal orders.
Extraordinary legal actions
The Pentagon did not immediately respond to a message seeking comment.
The case was assigned to United States District Judge Richard Leon, who was nominated to the bench by Republican President George W. Bush.
Legal action by a U.S. congressman suing the secretary of defense is rare, if not unprecedented, and the latest attempt by members of Congress to push back against what they see as an out-of-control executive branch.
The allegations stemmed from Kelly’s participation in a video in November 2025 with five other Democratic lawmakers – all veterans of the military and the intelligence community – in which they urged the military to respect the Constitution and violate “unlawful orders.”
The 90-second video was first posted on Sen’s social media account. Elissa Slotkin. Actors Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan also appeared in the video.
Trump called lawmakers’ message ‘treasonous’
Kelly and other lawmakers have not retracted their video, which was released as the Pentagon began bombing suspected drug-trafficking boats in waters near Venezuela.
In a social media post days later, US President Donald Trump accused lawmakers of treason, which he said “has the death penalty.”
The Pentagon opened an investigation into Kelly in late November, citing a federal law that allows retired service members to be reinstated at the order of the defense secretary to court-martial or other punishment.
Although all three law enforcement officers were in the military or intelligence services, Hegseth said Kelly is the only one facing investigation because he is the only one who has officially resigned from the military and is still under the Pentagon.
Hegseth, the Department of Defense, Secretary of the Navy John Phelan and the Navy were named as defendants in the lawsuit.
Kelly said in a statement Monday that he “stands for the rights of the American people who fight to protect our freedom.” He accused Hegseth of trying to suppress the opposition by threatening veterans with depriving them of rank and pay.
“That’s not the way things work in the United States of America, and I won’t stand for it,” said Kelly.
