Senator Mark Kelly is suing the US Defence Department for what he describes as ‘punitive retaliation’ related to Donald Trump news.

United States Senator Mark Kelly has sued the Department of Defence and its Secretary, Pete Hegseth, alleging that they have trampled his rights to free speech by launching a campaign of “punitive retaliation”.

The complaint was filed on Monday in US District Court in Washington DC. It also names the Navy Department and its Secretary, John Phelan, as defendants.

“I filed suit against the Secretary of Defence because there are few things more important than standing up for the rights of Americans who fought to protect our freedom,” veteran Kelly wrote in a statement on social media.

Kelly’s trial It is the latest escalation in the feud that first erupted in November, when a group of six Democratic lawmakers – all veterans of the US armed services or its intelligence community – published a video reminding military members online of their responsibility to “reject illegal orders”.

Democrats framed the video as a simple reiteration of government policy: courts have repeatedly ruled that service members actually have a duty to refuse orders they know violate U.S. Courts have repeatedly ruled that service members actually have a duty to refuse orders they know violate U.S. law or the Constitution.

But Republican President Donald Trump and his allies have condemned the video as “treasonous behaviour” and called for the lawmakers to be brought to justice.

focus on Kelly.

Kelly, in particular, has faced several actions that critics have called an unconstitutional attack on his First Amendment right to free speech.

Kelly, a senator from the pivotal state of Arizona, is one of the highest-profile lawmakers featured in the November video.

He is also considered a rising star in the Democratic Party and is widely speculated to be the presidential or vice-presidential candidate in the 2028 elections.

But before his career in politics, Kelly was a pilot in the US Navy who flew missions during the Gulf War. He retired with the rank of captain. Kelly was also selected to become an astronaut along with his twin, Scott Kelly, and served as part of the US National Aeronautics and Space Administration (NASA).

His entry into politics came after his wife, former Representative Gabby Giffords, was shot in the head during an assassination attempt in 2011. On Monday, Kelly described the Senate as “a place I never expected to find myself in”.

“My wife Gabby was always the elected official in our family,” he told his Senate colleagues. “If she had never been shot in the head, she would be here in this chamber, not me. But I love this country, and I felt an obligation to continue my public service in a way I never expected.”

Kelly’s participation in the November video has brought her into prominence in the Trump administration’s crosshairs, and officials close to the president have taken action to condemn her statements.

Soon after the video came out, for example, the Department of Defence announced it started an investigation against Kelly. It warned that the senator could face court-martial depending on the outcome of the investigation.

The pressure on Kelly continued this month, when Hegseth revealed on social media that he had submitted a formal letter of censure against the senator.

That letter accused Kelly of “conduct unbecoming of office” and alleged that he “undermined the chain of command” through his videos.

Hegseth said the letter demanded Kelly be demoted from the position he held at the time of his retirement, as well as have his retirement pay reduced.

“Senator Mark Kelly – and five other members of Congress – released a reckless and seditious video that was clearly intended to undermine good order and military discipline,” Hegseth wrote on Platform X.

“As a retired Navy captain who still receives a military pension, Captain Kelly knows he is still accountable to military justice. And the War Department – ​​and the American people – expect justice.”

Attacks on political speech

Kelly responded to that claim by alleging that Hegseth had launched a politically motivated vendetta campaign designed to silence any future criticism of American military veterans.

Kelly said, “With everything I have earned through my twenty-five years of military service, Pete Hegseth is coming in, violating my rights as an American, as a retired veteran, and as a United States Senator,” and wrote on social media on Monday.

“Their unconstitutional crusade against me sends a frightening message to every retired member of the military: if you speak up and say something the President or the Secretary of Defence doesn’t like, you will be censured, threatened with demotion, or even prosecuted.”

Kelly also took to the Senate floor on Monday to defend his decision to prosecute Trump administration officials.

“Every service member knows that military rank is earned. This is not given. It is earned through the risks you take,” Kelly told his fellow senators.

“After my 25 years of service, I earned my rank as a captain in the United States Navy. Now, Pete Hegseth wants even our longest-serving military veterans to live with the constant threat that they may be stripped of their rank and retirement pay, years or even decades after leaving the military, just because he or another Secretary of Defence or the President doesn’t like what they have to say.”

Their lawsuit seeks to have the federal court system halt proceedings against them and declare Hegseth’s censure letter illegal.

The petition filed with the court makes a twofold argument: that efforts to discipline Kelly not only violate his free speech rights but also attack legislative independence, because they allegedly seek to intimidate a member of Congress.

“It appears that never in our nation’s history has the executive branch imposed military sanctions on a member of Congress for adverse political speech,” the lawsuit claims.

The complaint also accuses the Trump administration of violating Kelly’s right to due process, despite high-profile calls from within the government to punish the senator.

It pointed to social media posts made by Trump, which included an indication that he thought Kelly’s behaviour amounted to “treasonous behaviour, punishable by death”.

The lawsuit also argues that Hegseth’s censure letter appeared to draw conclusions about Kelly’s alleged wrongdoings, only then requesting that the Navy review his military rank and retirement benefits.

The lawsuit argues that such a review cannot be considered an impartial assessment of the facts.

“The Constitution does not permit the government to announce a decision in advance and then subject Senator Kelly or anyone else to a nominal process designed merely to accomplish it,” the lawsuit said.