Sen. Mark Kelly Files Lawsuit Over Pentagon Effort to Cut Retirement Pay

Senator Mark Kelly has filed a lawsuit seeking to block Defense Secretary Pete Hegseth and the Department of Defense from moving forward with actions that could reduce his military retirement pay and retired rank. The legal challenge argues the proposed punishment violates the First Amendment and could have a chilling effect on legislative oversight by members of Congress.

The lawsuit stems from a video Kelly posted last November alongside five other lawmakers with military backgrounds. In the video, they urged US service members to refuse unlawful orders. Following the video’s release, Hegseth announced the Pentagon would pursue administrative action against Kelly, including issuing a letter of censure and reviewing his retired rank as a Navy captain, which could result in reduced pay.

Kelly’s attorneys argue the move is retaliation for protected political speech and legislative activity. The lawsuit states that the censure and rank review amount to official punishment for speech that falls squarely within a senator’s oversight responsibilities. It also warns that allowing such action could signal to other lawmakers and retired service members that criticizing the executive branch’s use of the military may result in retaliation through military channels.

In his letter of censure, Hegseth claimed Kelly’s conduct showed intent to counsel service members to refuse lawful orders, a characterization Kelly disputes. President Donald Trump has also criticized the lawmakers involved, calling their actions “sedition” in social media posts.

Legal experts say there is little legal basis for reducing the rank or retirement pay of an officer for actions taken after retirement. Former Air Force judge advocate and law professor Rachel VanLandingham noted that under federal law, retired officers typically lose rank or pay only if misconduct occurred during active duty or if they are convicted of certain crimes. Kelly retired years before participating in the video.

The dispute has also led to reported tension during a classified Senate briefing, where Kelly questioned Hegseth about military operations. According to previous reporting, Hegseth accused Kelly of undermining unit cohesion, while Kelly continued pressing for operational details.

Kelly said the Pentagon’s actions threaten not only his own rights, but also the broader principle that elected officials must be able to speak freely and hold the executive branch accountable. He added that he will not accept efforts to strip away benefits he earned during his 25 years of military service.

Credit: CNN Newsource

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