U.S. Sen. Mark Kelly sues the Pentagon over his censure, calling it ‘unconstitutional’

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Democratic Sen. Mark Kelly sued the Pentagon on Monday over makes an attempt to punish him for his warnings about unlawful orders given to U.S. troops, claiming the Trump administration trampled on his constitutional rights to free speech.

Kelly, a retired astronaut and former U.S. navy pilot who represents Arizona, is searching for to dam his censure from U.S. Defence Secretary Pete Hegseth final week. Hegseth introduced on Jan. 5 that he was censuring Kelly over his participation in a video that known as on troops to withstand illegal orders.

Hegseth mentioned the censure — a proper letter with little sensible consequence — was "a crucial course of step" to proceedings that would lead to a demotion from Kelly's retired rank of captain and subsequent discount in retirement pay.

Kelly requested the federal court docket in Washington, D.C., to rule that the censure letter, the proceedings about his rank and every other punishments in opposition to him are "illegal and unconstitutional."

"The First Modification forbids the federal government and its officers from punishing disfavoured expression or retaliating in opposition to protected speech," his lawsuit says. "That prohibition applies with explicit drive to legislators talking on issues of public coverage."

WATCH | The video that angered Trump and Hegseth: U.S. senator faces Pentagon probe for saying troops 'can refuse unlawful orders'

The Pentagon says that it's investigating Democratic Sen. Mark Kelly of Arizona for potential breaches of navy regulation after Kelly joined different lawmakers in a video that known as for U.S. troops to refuse illegal orders. Uncommon authorized motion The Pentagon did not instantly reply to a message searching for remark.

The case was assigned to U.S. District Decide Richard Leon, who was nominated to the bench by Republican president George W. Bush.

The authorized motion of a sitting U.S. senator suing the defence secretary is uncommon, if not jarring, and the newest effort from members of Congress to push again in opposition to what they see as an out-of-control govt department.

The censure stemmed from Kelly's participation in a video in November 2025 with 5 different Democratic lawmakers — all veterans of the armed companies and intelligence group — through which they known as on troops to uphold the Structure and defy "unlawful orders."

The 90-second video was first posted on a social media account belonging to Sen. Elissa Slotkin. Representatives Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan additionally appeared within the video.

Trump known as lawmakers' message 'sedition' Kelly and the opposite lawmakers haven't backed down from their video, which was launched because the Pentagon started bombing suspected drug-smuggling boats within the waters close to Venezuela.

In a social media put up days later, U.S. President Donald Trump accused the lawmakers of sedition, which he mentioned was "punishable by DEATH."

The Pentagon opened an investigation into Kelly in late November, citing a federal regulation that permits retired service members to be recalled to energetic obligation on orders of the defence secretary for potential court-martial or different punishment.

Though all six lawmakers served within the navy or the intelligence group, Hegseth mentioned Kelly was the one one dealing with investigation as a result of he's the one one who formally retired from the navy and nonetheless falls beneath the Pentagon's jurisdiction.

Hegseth, the Defence Division, navy Secretary John Phelan and the navy are named as defendants within the lawsuit.

Kelly mentioned in a press release on Monday that he's "standing up for the rights of the very Individuals who fought to defend our freedoms." He accused Hegseth of making an attempt to suppress dissent by threatening navy veterans with depriving them of their rank and pay.