Sen. Mark Kelly sues Pentagon over demotion for push to defy illegal orders

Dave Goldiner, New York Daily News on Jan 12, 2026

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

Sen. Mark Kelly, D-Ariz., sued Defense Secretary Pete Hegseth Monday to block the Pentagon’s effort to punish him for urging troops to defy illegal orders from superiors.

The retired Navy captain and astronaut asked a court to reverse Hegseth’s formal censure of him, which could lead to a demotion and reduction in retirement pay, saying the military’s move was unconstitutional and intended to “chill legislative oversight.”

“Pete Hegseth is coming after what I earned through my 25 years of military service,” Kelly said. “His unconstitutional crusade against me 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.”

Kelly also named Navy Secretary John Phelan, the Navy and the Defense Department in his 46-page complaint filed in Washington D.C. federal court.

Hegseth last week issued the censure of Kelly, calling it a necessary first step toward more severe punishment.

The Pentagon move came several weeks after Kelly and five other Democratic lawmakers released a social media video that called on troops to defy “illegal orders.”

The 90-second video was first tweeted by Sen. Elissa Slotkin, D-Mich. The six lawmakers, including Kelly and Slotkin, spoke directly to service members, whom Slotkin acknowledges are “under enormous stress and pressure right now.”

The lawmakers, all military or national security agency veterans, did not specify what orders they might believe could be illegal. Many analysts have questioned the legal basis of Trump’s military campaign of attacks against alleged drug boats in the Caribbean.

Days after the video’s release, President Trump accused the lawmakers of sedition in a post on his social media site, noting that sedition is “punishable by DEATH.”

The Pentagon unveiled the probe of Kelly last November, citing a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other measures.

Kelly is facing investigation because he is the only one of the six lawmakers who formally retired from the military and is still under the Pentagon’s jurisdiction, Hegseth said.

Kelly, a former hero pilot, is married to ex-Rep. Gabrielle Giffords, D-Ariz., who survived a 2011 assassination attempt. The two-term senator was on the short list to be Kamala Harris’ vice presidential running mate and has been mentioned as a potential 2028 presidential contender.

_____