Senator Mark Kelly Files Lawsuit Over Pentagon Move to Punish Him for Remarks on Illegal Orders
US Senator Mark Kelly has filed a lawsuit seeking to block Defense Secretary Pete Hegseth’s efforts to reduce his military retirement pay and rank, arguing that the move violates his constitutional rights and threatens the independence of lawmakers.
The lawsuit, filed on Monday, challenges the Pentagon’s decision to pursue disciplinary action against Kelly after he urged service members to refuse unlawful orders. Kelly’s legal team says the actions amount to retaliation for protected speech and could have a chilling effect on legislative oversight.
“If permitted to stand, the Secretary’s censure and the grade-determination proceedings that he has directed will inflict immediate and irreparable harm,” the lawsuit states. “These actions impose official punishment for protected speech, chill legislative oversight, and threaten reductions in rank and pay.”
The Defense Department has not yet commented on the lawsuit.
The legal challenge follows an announcement last week by Hegseth that the Pentagon would take administrative action against Kelly, including issuing a formal letter of censure and reducing the retirement pay Kelly receives as a former Navy captain.
The dispute stems from a video released in November by Kelly and five other lawmakers with military backgrounds, in which they advised US service members not to follow unlawful orders that could potentially be issued by the current administration. Hegseth and President Donald Trump later criticised the video, with Trump calling the lawmakers’ actions “sedition” and suggesting they should face jail time.
In a letter of censure, Hegseth accused Kelly of encouraging service members to refuse lawful commands, arguing that the senator’s conduct went beyond general legal education and amounted to targeted advice against specific military operations.
Kelly’s lawsuit rejects that claim, saying the remarks were consistent with longstanding legal guidance given to troops and fell squarely within the scope of legislative and oversight responsibilities.
Legal experts note that military personnel are routinely instructed on their duty to refuse unlawful orders, and Kelly’s attorneys argue that reiterating this principle is part of lawmakers’ responsibility to uphold the rule of law.
The lawsuit also describes growing tensions between Kelly and Hegseth, including a heated exchange during a classified Senate briefing in which Hegseth accused Kelly of undermining unit cohesion, while Kelly pressed for operational clarity.
In a statement, Kelly said the administration was attempting to punish him for exercising his rights and fulfilling his duties as a senator.
“Pete Hegseth is coming after what I earned through twenty-five years of military service,” Kelly said. “He wants veterans to live with the fear that their rank and pay can be taken away years after they leave the military just because someone in power doesn’t like what they’ve said. That’s not how the United States works, and I won’t stand for it.”
The lawsuit names the Defense Department, the Navy and the Secretary of the Navy as defendants and seeks to block any reduction in Kelly’s rank or retirement benefits while the case proceeds.
