In a significant legal and political confrontation, U.S. Senator Mark Kelly (D-Ariz.) has filed a lawsuit against Defense Secretary Pete Hegseth. The suit, launched on Monday, centres on Hegseth's public announcement that he would downgrade the retired Navy captain's rank and reduce his pension. This action was prompted by a video from last fall in which Kelly and other Democratic veterans urged service members to defy illegal orders.
The Core of the Legal Dispute
The complaint, filed in Washington, D.C., accuses Secretary Hegseth of violating Senator Kelly's constitutional right to due process. The U.S. Constitution prohibits the government from announcing a verdict in advance, a principle Kelly argues Hegseth breached with his social media posts. Last week on X, the platform formerly known as Twitter, Hegseth labelled a video featuring Kelly as "reckless and seditious." He stated this led the Defense Department to initiate "retirement grade determination proceedings" against the senator under a specific statute, 10 U.S.C § 1370(f).
Hegseth further claimed this would result in "a corresponding reduction" in Kelly's military pension. However, commentators like MSNBC's Lawrence O'Donnell have sharply criticized this move, calling it "Lawfare for Dummies." They point out that Kelly's pension was finalized when he retired from the Navy approximately 14 years ago. O'Donnell argued that the statute does not authorize the Pentagon to reopen such a determination based on post-retirement political speech, warning that such a precedent would threaten all retired veterans.
Statements of Law at the Heart of the Case
The controversy stems from a video message last fall where Kelly and five other Democratic veterans reminded U.S. service members that they have a duty to refuse unlawful orders. This principle is explicitly outlined in the Uniform Code of Military Justice. Despite this, then-President Donald Trump suggested at the time that such advice was "punishable by DEATH!"
In his lawsuit, Kelly contends the investigation against him is based on "accurate statements of law" that Hegseth himself has previously endorsed. The legal filing notes that in a 2016 speech, Hegseth stated, "If you're doing something that is just completely unlawful and ruthless, then there is a consequence for that. That's why the military said it won't follow unlawful orders from their commander-in-chief."
The suit also cites former Trump official Pamela Bondi, who before her appointment as attorney general wrote a court filing section titled, "Military Officers Are Required Not to Carry Out Unlawful Orders." O'Donnell emphasized that this tenet is "among the first things" taught to every member of the armed forces.
Standing Up for Broader Principles
Appearing on MSNBC's "The Last Word," Senator Kelly commended O'Donnell for his summary of the lawsuit and reiterated his stance. "I told Donald Trump and I told Pete Hegseth that I'm not backing down. I'm not going away. This is much bigger than me," Kelly declared. He expressed dismay that after 25 years of military service and continued service in the Senate, he must sue the defense secretary for violating his constitutional rights.
Kelly concluded that his primary motivation for going to court is to stand up "for all Americans," particularly veterans without a prominent platform. He stressed that fundamental American principles like freedom of speech, due process, and the separation of powers remain worth defending. The case sets the stage for a high-profile legal battle over the rights of retired service members and the limits of governmental power over political expression.
