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 penalize him for speaking out against illegal orders given to U.S. troops. Kelly, a former astronaut and U.S. navy pilot representing Arizona, is challenging the recent censure issued by U.S. Defence Secretary Pete Hegseth. Hegseth’s censure, announced on Jan. 5, could potentially lead to Kelly’s demotion from his retired captain rank and a reduction in retirement benefits.
In his legal action filed in a federal court in Washington, D.C., Kelly is seeking a ruling that the censure letter, rank proceedings, and any other punitive measures against him are unlawful and unconstitutional. The lawsuit argues that the government and its officials are prohibited by the First Amendment from punishing or retaliating against protected speech, especially when it involves legislators discussing public policy matters.
The Pentagon has not yet responded to requests for comment on the lawsuit, which has been assigned to U.S. District Judge Richard Leon. This legal action by a sitting senator against the defence secretary is uncommon and reflects ongoing efforts by members of Congress to challenge perceived overreach by the executive branch.
The censure action stemmed from a video in November 2025 featuring Kelly and five other Democratic lawmakers who urged troops to uphold the Constitution and refuse “illegal orders.” President Donald Trump later accused the lawmakers of sedition, prompting the Pentagon to initiate an investigation into Kelly under a federal law allowing retired service members to be recalled for potential disciplinary actions.
While all six lawmakers in the video have military or intelligence backgrounds, Kelly is the sole target of the Pentagon’s investigation due to his formal military retirement status. Kelly, along with the other lawmakers, has maintained their stance on the video despite the controversy surrounding it.
In response to the situation, Kelly emphasized that he is defending the rights of American veterans and criticized Hegseth for allegedly attempting to stifle dissent by threatening veterans with rank and pay repercussions. Kelly affirmed his commitment to upholding American values and resisting any efforts to suppress free speech within the country.
