Democratic Sen. Mark Kelly of Arizona filed a federal lawsuit Monday against Defense Secretary Pete Hegseth and the Department of Defense, alleging an unlawful and unconstitutional effort to strip him of his military retirement rank and pay.
At a Glance
- Kelly faces potential loss of rank and retirement pay over a video urging troops to reject illegal orders
- Hegseth labeled the senator’s statements “seditious” and ordered Pentagon review
- Lawsuit cites First Amendment and Constitution’s Speech and Debate Clause
- Why it matters: The case tests whether the executive branch can punish a sitting lawmaker for political speech
The suit, filed in U.S. District Court, contends that Hegseth’s actions violate both the First Amendment and the Speech and Debate Clause, which shields members of Congress from legal reprisal for official acts.
According to the complaint, “never in our nation’s history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech.”
The Triggering Video
The dispute stems from a video released last year in which Kelly-joined by other retired service members-encouraged active-duty personnel to refuse any unlawful orders. Hegseth last week told reporters the Pentagon had begun proceedings to downgrade Kelly’s retirement rank and reduce his corresponding pay, citing what he called “seditious statements.”
Constitutional Claims
The lawsuit seeks a declaratory judgment that Hegseth’s move is illegal and asks the court to permanently bar the Pentagon from implementing any downgrade.
Key constitutional arguments:
- First Amendment protects political speech, even by retired military officers
- Speech and Debate Clause immunizes lawmakers for legislative acts
- No historical precedent exists for executive sanctions against a senator over speech
Kelly Responds
In a statement released by his office, Kelly said, “Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him-and this or any administration-accountable.”
He added that the Pentagon’s campaign “sends a chilling message to every retired member of the military: 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.”
Pentagon Silence
News Of Fort Worth requested comment from the Defense Department. As of publication, the Pentagon had not responded.
Next Steps
The case has been assigned to a federal judge but no hearing date has been set. Legal briefings from both sides are expected in the coming weeks.
Key Takeaways
- The lawsuit frames the dispute as a historic separation-of-powers clash
- Outcome could set precedent for political speech by retired officers
- Retired pay and rank are at the center of the controversy
