Sen. Kelly sues the Pentagon over attempts to punish him, declaring it unconstitutional
Feb 12, 2026
Feb. 12, 2026:
WASHINGTON (AP) — A federal judge has temporarily blocked the Pentagon from punishing Democratic Sen. Mark Kelly, a former U.S. Navy pilot, for participating in a video that called on troops to resist unlawful orders. U.S. District Judge Richard Leon ruled Thursday (Feb. 12, 2026) t
hat Pentagon officials have violated Kelly’s First Amendment free speech rights. Kelly, who represents Arizona, sued in federal court to block his Jan. 5, 2026, censure from Defense Secretary Pete Hegseth. In November, Kelly and five other Democratic lawmakers appeared on a video in which they urged troops to uphold the Constitution and not to follow unlawful military directives from the Trump administration.
Jan. 12, 2026:
WASHINGTON (AP) — Democratic Sen. Mark Kelly of Arizona has sued the Pentagon over attempts to punish him for warning about illegal orders. The Democrat and former Navy pilot is trying to block his censure from Defense Secretary Pete Hegseth. Hegseth announced last Monday (Jan. 12, 2026) that he censured Kelly for participating in a video urging troops to resist unlawful orders. Kelly’s lawsuit argues that the First Amendment forbids punishing disfavored expression or retaliating against protected speech. Hegseth said the censure is a formal letter with little practical consequence but is a necessary step in proceedings that could lead to Kelly’s demotion.
Nov. 24, 2025:
WASHINGTON (AP) — The Pentagon says that it is investigating Democratic Sen. Mark Kelly of Arizona for possible breaches of military law after Kelly joined a handful of other lawmakers in a video that called for U.S. troops to refuse unlawful orders. The Pentagon’s statement, which was posted on social media on Monday (Nov. 24, 2025), cited a federal law that allows retired servicemembers to be recalled to active duty on orders of the defense secretary for possible court-martial or other measures. Kelly served in the U.S. Navy as a fighter pilot before going on to become an astronaut. He retired at the rank of captain. It is extraordinary for the Pentagon to directly threaten a sitting member of Congress with investigation.
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