WASHINGTON — Senator Mark Kelly (D-Ariz.), a retired Navy captain and former NASA astronaut, filed a federal lawsuit on Monday against Defense Secretary Pete Hegseth. The legal challenge seeks to nullify a formal “letter of censure” and halt administrative proceedings aimed at stripping Kelly of his retired military rank and pension—actions the senator characterizes as a “chilling” weaponization of the Department of Defense against political dissent.
The 46-page complaint, filed in the U.S. District Court for the District of Columbia, names Hegseth, the Department of Defense, and Navy Secretary John Phelan as defendants. It alleges that the administration’s recent punitive measures violate the First Amendment, the Speech or Debate Clause of the Constitution, and the Administrative Procedure Act.
A Battle Over “Illegal Orders”
The conflict traces back to a 90-second video released in November 2025. In the footage, Kelly and five other Democratic lawmakers—all veterans of the military or intelligence community—reminded U.S. service members of their legal and ethical obligation to refuse “unlawful orders.”
The video was a response to concerns regarding the Trump administration’s potential domestic use of the military. While the principle of refusing illegal orders is a bedrock of military law taught to every recruit, Secretary Hegseth branded the video as “seditious” and “reckless misconduct.” On January 5, 2026, Hegseth officially issued a letter of censure to Kelly, marking the first step in a “retirement grade determination” process that could retroactively demote Kelly from the rank of captain and significantly reduce his lifetime pension.
Constitutional Stakes
In a statement following the filing, Kelly argued that the administration is attempting to dismantle the separation of powers.
“Pete Hegseth is coming after what I earned through my twenty-five years of military service,” Kelly said. “His unconstitutional crusade against me sends a chilling message to every retired member of the military: if you speak out and say something that the president or secretary of defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted.”
Legal experts have noted the unprecedented nature of the Pentagon’s move. While the military can reduce a service member’s retired grade for misconduct, such actions typically stem from behavior that occurred while the individual was on active duty. Kelly retired from the Navy in 2011, more than a decade before the comments in question were made.
The lawsuit argues that the government is prohibited from “punishing disfavored expression or retaliating against protected speech,” particularly when that speech comes from a sitting legislator performing oversight duties.
The Administration’s Stance
Secretary Hegseth has maintained that Kelly’s status as a U.S. senator does not grant him immunity from military standards. In social media posts preceding the lawsuit, Hegseth argued that as a retired officer drawing a pension, Kelly remains subject to the Uniform Code of Military Justice (UCMJ).
Hegseth specifically cited Article 133 (“conduct unbecoming an officer and a gentleman”) and Article 134 (the “general article” covering good order and discipline) as justifications for the censure. He described the process as a “necessary step” to ensure accountability for statements he claims were intended to undermine military discipline.
Broader Implications for Veterans
The case has sparked a fierce debate over the rights of the nation’s approximately two million military retirees. If the court allows the Pentagon to proceed, it could set a precedent where any retired officer receiving a pension could face financial and professional penalties for political activism or public criticism of a sitting administration.
“This isn’t just about my rank or my pay,” Kelly emphasized. “It’s about whether the military can be used as a tool of political intimidation. I’ve never shied away from a fight for our country, and I won’t shy away from this one.”
The court is expected to schedule a preliminary hearing in the coming weeks to determine if the censure and demotion proceedings should be stayed while the lawsuit moves forward.
News Sources:
- The Guardian: Mark Kelly sues Hegseth over ‘chilling’ effort to reduce military retirement rank
- FOX 10 Phoenix: Mark Kelly sues Pete Hegseth after being censured for ‘illegal orders’ video
- Democracy Docket: Sen. Kelly sues Pete Hegseth, warns Trump administration is weaponizing military discipline
- Military.com: Hegseth’s Move Against Sen. Mark Kelly’s Retirement Rank Raises Broader Stakes
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