Democratic Senator Mark Kelly of Arizona has initiated a civil lawsuit against Defense Secretary Pete Hegseth in a bid to halt the Pentagon’s attempts to reduce his retirement rank and pension. Kelly asserts that these actions constitute unconstitutional retaliation.
In a comprehensive 46-page complaint, the retired Navy captain contends that he has become a target of “extreme rhetoric and punitive retribution” from the Trump administration following a video in which he and other lawmakers called on military personnel to “refuse illegal orders.” He seeks intervention from a federal judge to invalidate Hegseth’s recent actions and prevent any punitive measures against him.
Kelly claims that he is facing repercussions for exercising his right to free speech, alleging that officials within the administration retaliated against him in violation of the First Amendment. He also maintains that his criticisms of Hegseth fall under the protections afforded by the Constitution’s Speech or Debate Clause, which shields lawmakers from legal action related to their legislative activities.
In the legal document, Kelly’s attorneys argue, “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.” They warn that permitting such actions would undermine the constitutional balance by subordinating the Legislative Branch to the Executive, thereby chilling congressional oversight of military affairs.
The senator’s legal team asserts that his public remarks and legislative actions regarding the military are significant public concerns that deserve protection under the First Amendment. They emphasize that there is no legal justification for actions taken against him based on “post-retirement political speech.”
In a statement, Kelly expressed that Hegseth’s punitive measures pose a threat to military veterans, suggesting that their ranks and pay could be jeopardized years after retirement for expressing views that may not align with those of the President or Secretary of Defense.
“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,” Kelly remarked.
A Pentagon spokesperson acknowledged awareness of the ongoing litigation but refrained from commenting on its specifics, adhering to departmental policy regarding active legal matters.
Hegseth responded to the lawsuit by labeling Kelly as “worried and cranky,” asserting that the senator is fully aware of his actions and will be held accountable.
Kelly and several colleagues faced significant backlash from the Trump administration after releasing the controversial video in November, which coincided with military operations near Venezuela. The video showcased five other Democratic lawmakers, all of whom have military backgrounds. Unlike Kelly, they have not faced repercussions from the Defense Department due to not receiving military retirement pay.
In reaction to the video, both President Trump and Hegseth condemned the lawmakers, alleging that their remarks amounted to “sedition” and “treason.” Hegseth claimed that Kelly’s statements “undermined the chain of command” and amounted to “conduct unbecoming an officer.” Following this, the Pentagon announced a review of alleged misconduct against Kelly to determine if he should be recalled to active duty and face court-martial.
In December, the Defense Department indicated it was intensifying its review into the matter. Hegseth disclosed last week that the Pentagon had begun “retirement grade determination proceedings,” which could lead to a reduction in both Kelly’s retired rank and his pension. He also mentioned that a formal censure letter had been issued, which would be included in Kelly’s official military personnel file.
Under federal law, retired military personnel can face non-judicial punishment or even court-martial under the Uniform Code of Military Justice, which governs military conduct.
