A sitting U.S. senator has sued the federal government, including War Secretary Pete Hegseth, because of Hegseth’s investigation that could result in a demotion and-or retirement pay penalty for the ex-military Mark Kelly.
It’s over a video Sen. Mark Kelly released with others that was seen as undermining the U.S. military command structure by suggesting that President Donald Trump, the commander in chief, was issuing illegal orders to soldiers.
He hasn’t, and the promoters of the messaging – all Democrats – have been unable to offer an example of their concerns.
The Hill reported the lawsuit by the Arizona Democrat was filed because Hegseth has launched a review that could result in a censure for Kelly as well as a lowered retirement pay.
As former military, Kelly still is subject to the Uniform Code of Military Justice, which bars actions and statements that undermine the integrity of the military command structure.
Kelly claims in the document that he has the right, under the protections of the Constitution, to make such claims.
He claimed the objections to his political speech are nothing but political speech.
“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” the complaint reads. “That prohibition applies with particular force to legislators speaking on matters of public policy.”
The military, of course, is subject to special provisions regarding speech, especially soldiers or inferior officers, making false statements about superiors.
Hegseth began an investigation after Kelly and five other Democrats posted a video telling troops to “refuse illegal orders.”
Others involved were Sen. Elissa Slotkin and Reps. Chris Deluzio, Maggie Goodlander, Chrissy Houlahan and Jason Crow.
They charge that “threats to our Constitution” are coming from “right here at home,” but they’ve been unable to cite any illegal order from Trump. They simply object to the president’s politics.
The investigation into Kelly could result in a recommendation to the Pentagon, from Navy Secretary John Phelan, that he be reduced in grade and pay for retirement.
Reports explain the video has been viewed “as a wink-and-nod call for insubordination.”
While Kelly is subject to recall by the military, so the Pentagon is investigating him, the FBI is looking into the comments made by the others.
Slotkin’s newest claims:
Elissa Slotkin claims Democrats made the ‘illegal orders’ video because a slew of military personnel were coming to them with concerns for months:
“I don’t know if this is legal. I don’t know if I’d be held accountable later after this administration. I can’t get a straight… pic.twitter.com/Fe2AMPvMRg
— Western Lensman (@WesternLensman) December 8, 2025
The despicable video urging @DeptofWar troops to “refuse illegal orders” may seem harmless to civilians — but it carries a different weight inside the military.
This was a politically-motivated influence operation:
It never named a specific “illegal order.”
— Pete Hegseth (@PeteHegseth) November 25, 2025
OFFICIAL STATEMENT:
The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.). In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, a thorough review of these allegations…
— Department of War (@DeptofWar) November 24, 2025
U.S. Department of War escalates investigation into Sen. Mark Kelly over ‘misconduct’