Democratic Senator Mark Kelly filed a lawsuit against the Pentagon on Monday, alleging that the Trump administration violated his free speech rights by attempting to reprimand him for speaking out against unlawful orders given to U.S. troops. Kelly, a former astronaut and navy pilot representing Arizona, is challenging the censure imposed on him by Defense Secretary Pete Hegseth last week. The censure, deemed a procedural step with minimal practical impact, could potentially lead to Kelly’s demotion from his retired rank of captain and a reduction in retirement benefits.
In his legal action filed in a federal court in Washington, D.C., Kelly seeks a ruling declaring the censure, rank proceedings, and any further penalties against him as “unlawful and unconstitutional.” The lawsuit argues that the First Amendment protects legislators like Kelly from retaliation for expressing dissenting views, especially on public policy matters.
The case was assigned to U.S. District Judge Richard Leon, appointed by former Republican President George W. Bush. This rare legal move of a sitting senator suing the defense secretary underscores congressional efforts to challenge what some perceive as executive overreach. The censure stemmed from Kelly’s involvement in a video released in November 2025, where he and five other Democratic lawmakers, all military and intelligence veterans, called on troops to uphold the Constitution and refuse illegal commands.
President Trump criticized the lawmakers’ message as “sedition,” a charge they have not retracted. Following Trump’s accusations, the Pentagon initiated an inquiry into Kelly under a federal law allowing the recall of retired service members for potential disciplinary action. While all six lawmakers featured in the video, Kelly is singled out for investigation due to his formal military retirement status falling within the Pentagon’s jurisdiction.
Kelly, along with the other lawmakers, remains steadfast in defending their video’s message. He condemned Hegseth’s actions as an attempt to stifle dissent among military veterans by threatening their ranks and benefits. Kelly emphasized his commitment to upholding the rights of those who defended American freedoms and vowed to challenge any infringements on those rights.