Washington — Democratic Sen. Mark Kelly of Arizona filed a civil lawsuit against Defense Secretary Pete Hegseth on Monday seeking to block the Pentagon’s efforts to downgrade his retirement rank and pay, which he claims amounts to unconstitutional retaliation against him.
In a 46-page complaint, Kelly, a retired Navy captain, argued that he is the target of “extreme rhetoric and punitive retribution” by the Trump administration over a video in which he and other lawmakers urged members of the military to “refuse illegal orders.” Kelly asked a federal judge to set aside Hegseth’s recent moves and block the enforcement of any punishment against him.
The Arizona Democratic senator alleged that he was punished for protected speech and said administration officials retaliated against him in violation of the First Amendment. Kelly also argued that his criticisms of Hegseth are at the core of the Constitution’s Speech or Debate Clause, which provides immunity to lawmakers from criminal prosecutions or civil lawsuits that stem from legislative acts.
“It appears that never in our nation’s history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech,” Kelly’s legal team wrote in the complaint. “Allowing that unprecedented step here would invert the constitutional structure by subordinating the Legislative Branch to executive discipline and chilling congressional oversight of the armed forces.”
They said Kelly’s public statements and legislative acts in response to the Trump administration’s actions regarding the military are “significant matters of public concern” that fit within the First Amendment’s protections and his oversight responsibilities as a senator. The senator’s lawyers added that they believe there is no legal basis to take action against him based on “post-retirement political speech.”
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