Sen. Mark Kelly, D-Ariz., has filed a federal lawsuit against Defense Secretary Pete Hegseth and the Pentagon, seeking to stop what he calls an unprecedented and unconstitutional effort to punish him by lowering his military retirement rank and pension. Kelly, a retired Navy captain, argues the administration’s actions amount to retaliation for protected political speech. The dispute stems from a video released last November in which Kelly and five other Democratic lawmakers with military or intelligence backgrounds urged active-duty personnel to “refuse illegal orders.” The group did not point to specific directives but framed the message as a reminder of service members’ constitutional obligations.
According to the 46-page complaint, Hegseth and President Donald Trump responded with what Kelly describes as “extreme rhetoric and punitive retribution,” publicly accusing him of “sedition” and “treason.” Kelly contends those accusations, coupled with Pentagon actions, violated his First Amendment rights, his right to due process, and the Constitution’s Speech or Debate Clause, which protects lawmakers from punishment over official acts. Kelly’s lawyers wrote: “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,” adding that allowing such punishment would “invert the constitutional structure” by giving the executive branch leverage over legislators and chilling congressional oversight of the military.
Hegseth announced last week that the Defense Department had initiated retirement grade determination proceedings that could reduce Kelly’s retired rank and corresponding pay. He also issued a formal letter of censure that would be placed permanently in Kelly’s military personnel file, citing what he called “reckless misconduct.” In a post on X, Hegseth said Kelly and the other lawmakers had released “a reckless and seditious video that was clearly intended to undermine good order and military discipline.” He added that as a retired officer receiving a pension, Kelly remained accountable under military law.
The lawsuit counters that federal law does not allow the Pentagon to revisit a retirement rank based on post-retirement political speech. Kelly also argues his due process rights were violated when senior officials publicly labeled his conduct criminal before any formal proceedings took place. “The Constitution does not permit the government to announce the verdict in advance and then subject Senator Kelly or anyone else to a nominal process designed only to fulfill it,” the complaint states.
Kelly retired from the Navy in 2011 after more than 20 years of service, including multiple deployments. In a statement, he said the case goes beyond his own situation. “Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him—and this or any administration—accountable,” he said, and warned the effort “sends a chilling message to every retired member of the military” who speaks critically of government leaders.
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