Democratic Senator Mark Kelly filed a lawsuit against the Pentagon on Monday, alleging that the Trump administration violated his constitutional right to free speech by attempting to penalize him for speaking out against illegal orders given to U.S. troops. Kelly, a retired astronaut and former U.S. navy pilot representing Arizona, is seeking to halt his censure by U.S. Defence Secretary Pete Hegseth, who announced the censure on Jan. 5 due to Kelly’s involvement in a video urging troops to resist unlawful orders.
Hegseth stated that the censure, which is a formal reprimand with minimal practical impact, was a necessary procedural step that could lead to a demotion from Kelly’s retired rank of captain and a subsequent reduction in retirement benefits. Kelly has taken his case to the federal court in Washington, D.C., requesting a ruling that deems the censure letter, rank proceedings, and any other punitive actions against him as unlawful and unconstitutional.
In his lawsuit, Kelly asserted that the government is prohibited from punishing or retaliating against protected speech, particularly when it comes to legislators discussing public policy matters, as guaranteed by the First Amendment. The Pentagon has not responded immediately to requests for comment on the matter.
The legal action of a current U.S. senator suing the defence secretary is a rare occurrence and signals a growing pushback from Congress members against what they view as an overreaching executive branch. The censure stemmed from a video in November 2025 featuring Kelly and five other Democratic lawmakers, all veterans of the armed services and intelligence community, urging troops to uphold the Constitution and defy illegal orders.
The 90-second video was initially shared on Sen. Elissa Slotkin’s social media account and also included Representatives Jason Crow, Chris Deluzio, Maggie Goodlander, and Chrissy Houlahan. Despite facing backlash, Kelly and the other lawmakers have stood by their message, which was released around the time the Pentagon began targeting suspected drug-smuggling boats near Venezuela.
Following the video release, President Donald Trump accused the lawmakers of sedition in a social media post, claiming it was a punishable offense. The Pentagon initiated an investigation into Kelly in late November under a federal law allowing retired service members to be called back to active duty for potential court-martial or other disciplinary actions at the discretion of the defence secretary.
While all six lawmakers involved have military or intelligence backgrounds, Hegseth clarified that Kelly is the sole focus of the investigation because he is the only one who formally retired from the military and remains under the Pentagon’s jurisdiction. The lawsuit names Hegseth, the Defence Department, navy Secretary John Phelan, and the navy as defendants.
In a statement, Kelly emphasized that he is defending the rights of American veterans who fought to protect freedom and accused Hegseth of attempting to stifle dissent by threatening military veterans with rank and pay reductions. Kelly affirmed his commitment to upholding the principles of the United States and resisting such actions.