Senator Mark Kelly sues Defence Secretary Pete Hegseth over attempted demotion

US Senator Mark Kelly has sued Defence Secretary Pete Hegseth, arguing that the Pentagon illegally tried to demote him in retaliation for criticising the Trump administration.

Kelly, a former Navy captain, drew the ire of Hegseth and President Donald Trump after he filmed a video that told military personnel they could refuse unlawful orders.

Trump accused Kelly of “sedition”, and Hegseth said he would open proceedings to lower Kelly’s retirement grade, which could result in a reduction in his pay.

The actions violated Kelly’s right to free speech and due process, and did not follow military procedure, his case alleges. The defence department was “aware of the litigation,” a spokesperson said.

“As a matter of policy, the Department does not comment on ongoing litigation,” the spokesperson said.

The White House did not immediately respond to a request for comment.

Kelly had a prominent career as an astronaut before being elected to the US Senate for Arizona in 2020.

He also founded a gun safety group along with his wife, former congresswoman Gabrielle Giffords, who was shot in the head at an event in 2011 and survived.

He staked out a position as a centrist Democrat focused on defence, and has criticised Trump’s use of National Guard troops to patrol US cities.

Trump’s deployment of the National Guard in Los Angeles, Portland, Washington DC, and elsewhere has sparked major court battles. The Trump administration argues that the forces are necessary to suppress crime, and to protect federal immigration agents as they conduct sweeps in major US cities.

In November, Kelly, along with five other Democrats, filmed a video that told military personnel: “Our laws are clear: you can refuse illegal orders.”

The video irked Trump, who posted “LOCK THEM UP???” on Truth Social. The president’s account also reshared another user’s post, that read, “HANG THEM GEORGE WASHINGTON WOULD !!”

Trump later clarified to Fox News: “I’m not threatening death, but I think they’re in serious trouble.”

Hegseth then announced he would open retirement-grade determination proceedings against Kelly and issue a formal letter of censure. He described Kelly’s comments as “seditious in nature” and a violation of the Uniform Code of Military Justice.

The case filed by Kelly argues that Hegseth “is disciplining Senator Kelly solely for the content and viewpoint of his political speech”.

Kelly also alleges that Hegseth did not have a legal basis to open a review of Kelly’s retirement grade.

“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,” the case states.