Senator Mark Kelly (D-AZ) has filed a federal lawsuit against Defense Secretary Pete Hegseth, accusing the Pentagon of trying to punish him for a video in which he spoke directly to U.S. service members.
The lawsuit says Hegseth is moving to downgrade Kelly’s military retirement rank and cut his pension in response to the video, which reminded troops that they are legally required to refuse unlawful orders.
What Started It
On November 18, 2025, Kelly and five other members of Congress who are also military veterans released a video called “Don’t Give Up the Ship.” In it, they spoke about the duty of service members to follow the Constitution and the law, even when orders come from higher up.
After the video was released, President Trump and Secretary Hegseth publicly called it “sedition” and “treason.” Trump said the lawmakers should be arrested and put on trial.
What the Pentagon Did
According to the lawsuit:
- On January 5, Hegseth issued a formal letter accusing Kelly of “conduct unbecoming an officer.”
- He ordered the Navy to review Kelly’s retirement status, which could lead to a lower rank and reduced retirement pay.
- The letter also warned that Kelly could face criminal investigation if he continued making similar statements.
Kelly Speaks Out
Shortly after filing the lawsuit, Kelly posted a long statement on X, saying Hegseth is trying to take away what he earned through 25 years of military service.
“Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him—and any administration—accountable,” Kelly wrote.
He warned that the move sends a dangerous message to retired service members across the country.
“If you speak out and say something the President or Secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted,” he said.
Kelly stressed that military rank is not a gift from politicians, but something earned through service and sacrifice. He pointed to his career as a Navy pilot and astronaut, including combat missions over Iraq and Kuwait and commanding the final flight of Space Shuttle Endeavour.
“I gave everything I had to this country, and I earned my rank of Captain, United States Navy,” he said.
He also warned that under Hegseth’s approach, retired veterans could live in fear that their rank and pay could be taken away years or even decades later simply for speaking their minds.
“That’s not the way things work in the United States of America,” Kelly wrote. “And I won’t stand for it.”
The Legal Argument
Kelly’s lawyers argue that the administration is trying to use military discipline to silence an elected senator for his political speech — something they say has never happened before in U.S. history.
The lawsuit claims the actions violate:
- The First Amendment’s protection of free speech
- The Constitution’s Speech or Debate Clause, which protects members of Congress
- The separation of powers between the military and lawmakers
- Due process, because the administration publicly accused Kelly of wrongdoing before any formal review
Kelly said he took an oath to defend the Constitution at age 22 and never expected he would have to defend it from a sitting Secretary of Defense and President.
“But I’ve never shied away from a fight for our country,” he wrote, “and I won’t shy away from this one.”
What’s Next
Kelly is asking a federal judge to block the Pentagon from taking any action against his retirement status and to cancel the censure. The Defense Department has not yet responded in court.
