WASHINGTON (Diya TV) — Sen. Mark Kelly of Arizona has sued Defense Secretary Pete Hegseth and the Pentagon, accusing them of unlawfully retaliating against him for protected speech. The lawsuit centers on a Defense Department move that could reduce Kelly’s retired Navy rank and cut his military pension.
Kelly, a Democrat and retired Navy captain, filed the suit Monday in federal court in Washington. He argues that the administration’s actions violate the First Amendment and undermine the constitutional separation of powers. The case has drawn national attention because it involves a sitting U.S. senator, military law, and the limits of executive authority.
The legal fight began after Kelly appeared in a video last year with five other Democratic lawmakers. In the video, the group reminded service members that they do not have to follow illegal orders.
“Our laws are clear,” Kelly said in the video. “You can refuse illegal orders.”
Kelly did not name any specific military action or command. Still, Hegseth accused him of sedition and treason. The defense secretary said the remarks undermined lawful military operations. Last week, the Defense Department announced it was taking administrative action against Kelly. The move could lower his retirement rank and reduce his pension.
Kelly served more than 25 years in the Navy. He retired as a captain before entering politics. As a retired officer, he remains subject to the Uniform Code of Military Justice. That law allows the military to recall retirees to active duty and discipline them. Such actions are rare, especially against elected officials.
Hegseth said Kelly’s status as a senator does not shield him from accountability. He added that further action could follow. A final decision on Kelly’s rank and pension is expected by mid-February. The Defense Department declined to comment on the lawsuit, citing ongoing litigation.
Kelly’s lawsuit asks a federal judge to block any disciplinary action. It also seeks a ruling that the Pentagon’s efforts are unlawful and unconstitutional. The complaint argues that the government cannot punish a lawmaker for speaking on public policy. It cites the First Amendment and the Constitution’s speech or debate clause. That clause protects members of Congress from punishment by the executive branch for their legislative work and related speech.
“The First Amendment forbids the government from retaliating against protected expression,” the lawsuit states. It says this protection applies with special force to elected lawmakers. Kelly also notes his role on the Senate Armed Services Committee. He argues that Congress has a duty to oversee the military and the defense secretary.
Kelly addressed the dispute on the Senate floor Monday. He said he spoke within his rights as a senator, a veteran, and an American citizen.
“That’s my job,” Kelly said. “I have every right to say these things.”
Hegseth has accused Kelly of a pattern of behavior that began in June 2025. In a formal letter of censure, the defense secretary said Kelly repeatedly labeled lawful military actions as illegal. The letter cited Kelly’s criticism of Hegseth for firing senior officers. Kelly also said the defense secretary surrounded himself with “yes men.”
Kelly is serving his first full term in the Senate. Political observers view him as a possible presidential contender in 2028. Legal experts say the case could set a major precedent. It raises questions about how far the executive branch can go in disciplining retired military officers who hold elected office. The lawsuit warns that allowing punishment would chill congressional oversight. It says such action would place lawmakers under executive control.
Kelly’s fellow lawmakers in the video do not face similar risks. They did not serve long enough to retire from the military. As a result, they are not subject to military law. The court’s decision could shape future debates over free speech, military authority, and the balance of power in Washington.