Democratic US Senator Mark Kelly has launched a federal lawsuit against Defence Secretary Pete Hegseth, seeking to block what he calls a "chilling" attempt to demote him and slash his military retirement pay. The legal action, filed on Monday, centres on Kelly's criticism of the Trump administration and alleges a direct assault on constitutional free speech protections.
Constitutional Clash Over Veteran's Speech
The dispute originates from a short video released in November, featuring Senator Kelly and five other Democratic lawmakers—all veterans of the military or intelligence services. In the clip, they addressed service members, reminding them of their right to refuse unlawful orders. This prompted a fierce backlash from former President Donald Trump, who labelled the actions "seditious behaviour punishable by death" on his Truth Social platform.
In response, Secretary Hegseth issued a formal letter of censure against Kelly, a decorated retired Navy captain and former NASA astronaut. The censure accused Kelly of making "seditious statements" and initiated a formal process that could see the Arizona senator, who took office in 2021, reduced in rank and stripped of a portion of his veteran's pension.
Lawsuit Alleges 'Unconstitutional Crusade'
The 46-page lawsuit, lodged in Washington DC's federal court, argues that Kelly's comments were protected political speech. It names Hegseth, the Department of Defense, the US Navy, and Navy Secretary John Phelan as defendants, accusing them of "trampling" on safeguards "essential to legislative independence."
"His unconstitutional crusade against me sends a chilling message to every retired member of the military," Kelly stated. "If you speak out and say something that the president or secretary of defense doesn't like, you will be censured, threatened with demotion, or even prosecuted."
The filing contends that Hegseth's actions seek to dismantle "bedrock principles of our democracy," namely free speech and the separation of powers. It further claims that Trump's public accusations influenced the Defence Secretary's investigation, predetermining its outcome against Kelly.
A Warning to Veterans and a Defence of Democracy
Kelly warned that Hegseth's move sets a dangerous precedent, suggesting that long-serving veterans could live under threat for decades after leaving service, fearful that their retirement benefits could be revoked for political speech. "That's not the way things work in the United States of America, and I won't stand for it," he declared.
The senator's lawsuit respectfully asks the court to rule the censure letter and all related actions by the Pentagon as unlawful and unconstitutional. It seeks to have them vacated to "preserve the status of a coequal Congress and an apolitical military."
Kelly's colleagues in the video included US Senator Elissa Slotkin and House members Jason Crow, Chris Deluzio, Maggie Goodlander, and Chrissy Houlahan. There has been no immediate public response to the lawsuit from Hegseth, the White House, or the Pentagon.
