In a notable legal confrontation, Senator Mark Kelly, a Democrat from Arizona and former U.S. Navy pilot, filed a lawsuit against the Pentagon on Monday. This action aims to prevent enforcement of his recent censure by Defense Secretary Pete Hegseth, who cited Kelly's involvement in a video urging military personnel to resist unlawful commands.
The censure issued on January 5 was characterized by Hegseth as "a necessary process step" potentially leading to Kelly's demotion from his retired captain rank and reduction in retirement benefits. Despite the censure being officially a formal reprimand with limited immediate consequences, it marks a significant institutional rebuke.
According to the lawsuit submitted to the federal court in Washington, D.C., Kelly seeks judicial affirmation that the censure and any related disciplinary proceedings violate constitutional protections. The lawsuit highlights the First Amendment prohibition against government retaliation for protected speech, especially emphasizing its application to elected legislators addressing public policy concerns.
U.S. District Judge Leon, appointed by former President George W. Bush, has scheduled a hearing for Thursday to consider Kelly's request for a temporary restraining order halting any punitive measures.
This case is exceptional given that it involves a sitting U.S. senator suing the Secretary of Defense, underscoring escalating tensions between Congress members and the executive branch.
The occasion for the censure was Kelly's role in a November video alongside five other Democratic lawmakers—each with military or intelligence service backgrounds—directing service members to uphold the Constitution and reject unlawful directives from the Trump administration.
The 90-second video was initially shared on Senator Elissa Slotkin's social media account, also featuring Representatives Jason Crow, Chris Deluzio, Maggie Goodlander, and Chrissy Houlahan. In response, then-President Donald Trump accused the participants of sedition in a social media post, describing it as a capital offense.
Despite the President's accusations, Kelly and his colleagues have maintained their stance. The video emerged concurrently with Pentagon military actions against suspected drug-smuggling vessels near Venezuela, operations that have resulted in at least 115 fatalities.
The Defense Department commenced an investigation into Kelly in late November, invoking a federal statute that allows retired military personnel to be recalled for active duty or subject to court-martial by order of the defense secretary. Of the six lawmakers involved, only Kelly faces this investigation because he is the sole member formally retired and therefore under Pentagon jurisdiction.
Defendants named in the lawsuit include Defense Secretary Hegseth, the Department of Defense, Navy Secretary John Phelan, and the Navy itself. The Pentagon acknowledged awareness of the lawsuit but declined to comment, citing policy regarding ongoing litigation.
Kelly stated that his legal challenge represents a defense of the rights of Americans who served to protect constitutional freedoms. He accused Hegseth of attempting to silence dissent among military veterans by threatening rank and retirement benefits, declaring such tactics are inconsistent with American principles and unacceptable to him.
The legal dispute illustrates broader concerns within military, governmental, and political sectors about freedom of expression, military discipline, and executive authority, with ongoing proceedings poised to clarify the balance between these interests.