Sen. Mark Kelly, D-Ariz., filed a federal civil lawsuit Monday against War Secretary Pete Hegseth, turning a high-profile Pentagon dispute into an election-year courtroom fight over military discipline, retiree benefits, and political speech.
Kelly's suit follows the War Department's formal censure of the retired Navy captain and the launch of a review that could reduce his retired rank — a move that would likely lower his military retirement pay.
The senator argues the Pentagon's actions amount to political retaliation and violate his constitutional rights. The Pentagon has said the review is warranted based on Kelly's public messaging regarding the duties of service members and their obligation to follow orders.
The dispute centers on a video message in which Kelly and other lawmakers told U.S. service members to refuse to follow unlawful orders given by the Trump administration.
Hegseth has publicly criticized the message, accusing Kelly of encouraging insubordination. For his part, Kelly has maintained he was underscoring the difference between lawful and unlawful commands and warning against abuses of power.
The Pentagon's censure letter initiated an administrative "retirement grade" process — a mechanism used to determine the rank at which a retiree is considered to have served satisfactorily for retirement purposes.
If the department ultimately rules against Kelly, his retired grade could be lowered.
Officials have indicated the process includes a response window for Kelly and a service recommendation before a final determination is made by department leadership.
In his federal complaint, Kelly contends the administration is punishing him for protected speech and trying to strip benefits he earned through decades of service. The lawsuit seeks to block further action while the case is litigated and asks the court to declare the Pentagon's move unlawful.
Kelly's argument, in effect, is that the War Department is using an internal personnel tool to pressure a sitting U.S. senator and that doing so will chill veterans and military retirees from speaking openly about government conduct.
Supporters of Hegseth's stance argue that senior retired officers retain obligations and that public messaging to the force — even from retirees — can undermine good order and discipline.
Kelly and his allies counter that the Pentagon is stretching its authority to score political points and intimidate critics.
Either way, the practical implications are significant. If the Pentagon prevails, it could set a precedent that a retiree's benefits can be put at risk based on public statements made long after leaving active duty — a prospect that some legal observers say would invite further litigation and raise First Amendment questions.
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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