Ask Onix
Senator Kelly files lawsuit against Defence Secretary
Arizona Senator Mark Kelly has taken legal action against Defence Secretary Pete Hegseth, accusing the Pentagon of unlawfully attempting to demote him in response to his public criticism of the Trump administration.
Background of the dispute
Kelly, a retired Navy captain and former astronaut, faced backlash after releasing a video advising military personnel they could refuse unlawful orders. The video drew sharp criticism from President Donald Trump, who labeled Kelly's remarks as "sedition."
Hegseth subsequently announced plans to initiate proceedings to lower Kelly's military retirement grade, a move that could reduce his pension benefits. Kelly's legal team argues the action violates his free speech rights and due process, while also deviating from standard military procedures.
Pentagon and White House responses
A Defence Department spokesperson acknowledged awareness of the lawsuit but declined further comment, citing a policy against discussing ongoing litigation. The White House has not yet responded to requests for comment.
Kelly's political and military career
Elected to the Senate in 2020, Kelly previously served as a NASA astronaut and co-founded a gun safety organization with his wife, former Congresswoman Gabrielle Giffords, who survived an assassination attempt in 2011. As a centrist Democrat, Kelly has been vocal in his opposition to Trump's use of National Guard troops in U.S. cities, a deployment that has sparked multiple legal challenges.
The Trump administration maintains the troops were necessary to combat crime and protect federal immigration agents conducting operations in major cities.
Trump's reaction and legal arguments
Following the release of Kelly's video in November, Trump posted on Truth Social, "LOCK THEM UP???" and later shared a user's post suggesting Kelly and others should be hanged. Trump later clarified to Fox News that he was not issuing threats but warned the group was "in serious trouble."
Hegseth accused Kelly of violating the Uniform Code of Military Justice, calling his statements "seditious in nature," and issued a formal letter of censure. Kelly's lawsuit counters that Hegseth lacks legal authority to review his retirement grade based on post-service political speech.
"Nothing in the statute authorizes the Department of Defense to reopen that determination based on post-retirement political speech-and if it did, it would raise serious constitutional concerns and subject all of the nation's retired veterans to an ever-present threat against their retirement."
Kelly's legal filing
Broader implications
The case highlights tensions between military service obligations and political expression, particularly for veterans holding public office. Legal experts suggest the outcome could set a precedent for how the Pentagon handles post-retirement conduct of former service members.
