Democratic Senator Mark Kelly filed a lawsuit against the Pentagon on Monday, alleging that the Trump administration violated his freedom of speech rights by attempting to penalize him for speaking out against illegal orders given to U.S. troops. Kelly, a retired astronaut and former U.S. navy pilot representing Arizona, is challenging the recent censure imposed on him by U.S. Defence Secretary Pete Hegseth. Hegseth announced the censure on Jan. 5 in response to Kelly’s involvement in a video urging troops to resist unlawful commands.
The censure, which is a formal reprimand with limited practical implications, was deemed by Hegseth as a necessary step in potential proceedings that could lead to Kelly’s demotion from his retired captain rank and a subsequent reduction in retirement benefits. Kelly has petitioned the federal court in Washington, D.C., to declare the censure letter, rank-related proceedings, and any ensuing punishments as unlawful and unconstitutional.
In his lawsuit, Kelly asserts that the government and its officials are prohibited by the First Amendment from penalizing disapproved speech or retaliating against protected expressions, particularly when it involves legislators discussing public policy matters. The Pentagon has not yet responded to requests for comments on the lawsuit.
The case has been assigned to U.S. District Judge Richard Leon, who was appointed to the bench by former Republican president George W. Bush. This legal action of a sitting U.S. senator suing the defense secretary is considered rare and is seen as part of a broader trend within Congress to challenge what they perceive as overreach by the executive branch.
The censure against Kelly stemmed from his participation in a video in November 2025 with five other Democratic lawmakers who are veterans of the armed forces and intelligence community. In the video, they urged troops to uphold the Constitution and resist any unlawful directives. Despite facing criticism, Kelly and his colleagues have stood by their message.
In response to the video, President Donald Trump accused the lawmakers of sedition, stating that it was a punishable offense. The Pentagon initiated an investigation into Kelly in late November under a federal law that allows retired service members to be called back to active duty for potential court-martial or disciplinary actions by the defense secretary.
While all six lawmakers in the video have military or intelligence backgrounds, Kelly is the sole individual facing investigation due to his formal retirement from the military, placing him under the jurisdiction of the Pentagon. Kelly, in a statement, emphasized his commitment to defending the rights of American veterans and criticized Hegseth’s attempts to stifle dissent by threatening veterans with rank and pay reductions.