Arizona Democratic Senator Mark Kelly spoke out in a video on social media after a federal judge ruled that Defense Secretary Pete Hegseth violated the U.S. Constitution by attempting to retaliate against Kelly for urging U.S. service members to refuse illegal orders.
Hegseth previously sparked outrage after announcing an investigation into Kelly—a former U.S. Navy captain and astronaut—for "serious allegations of misconduct" after Kelly joined five other members of Congress in a video reminding U.S. military members that they took an oath to obey the U.S. Constitution and can disobey illegal orders.
In a video message, Kelly, joined by a group of fellow veterans in Congress that included his colleagues Sen. Elissa Slotkin (Michigan) and Rep. Jason Crow (Pennsylvania), noted that the Trump administration is "pitting our uniformed military and intelligence community professionals against American citizens."
They stressed that "no one has to carry out orders that violate the law or our Constitution" and "whether you're serving in the CIA, the Army, our Navy, the Air Force, your vigilance is critical."
Hegseth later said he wanted the group to face consequences, writing the following on X in which he singled out Kelly and threatened him with a court-martial:
"Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of 'good order and discipline.' Their foolish screed sows doubt and confusion — which only puts our warriors in danger."
"Five of the six individuals in that video do not fall under @DeptofWar jurisdiction (one is CIA and four are former military but not “retired”, so they are no longer subject to UCMJ)."
"However, Mark Kelly (retired Navy Commander) is still subject to UCMJ—and he knows that. As was announced, the Department is reviewing his statements and actions, which were addressed directly to all troops while explicitly using his rank and service affiliation—lending the appearance of authority to his words."
"Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately."
You can see his post below.
However, a ruling from senior U.S. District Judge Richard Leon, an appointee of former President George W. Bush, determined that Hegseth's actions were unconstitutionally retaliatory. Leon wrote that the Pentagon was targeting “unquestionably protected speech” that is actually entitled to “special protection” under the law.
He added:
“That Senator Kelly may be an ‘unusually staunch individual’ does not minimize his entitlement to be free from reprisal for exercising his First Amendment rights. Senator Kelly was reprimanded for exercising his First Amendment right to speak on matters of public concern.”
Leon's decision came after a Washington, D.C., grand jury declined to approve charges against Kelly and his colleagues. He wrote that the Trump administration should “be grateful for the wisdom and expertise that retired service members have brought to public discussions and debate on military matters in our Nation over the past 250 years.”
Moreover, he wrote that the Pentagon's "argument runs up against our Nation’s long tradition of retired service members, including those holding elected office, routinely contributing to the public discourse in ways critical of current military policy."
In a video message shared to his followers, Kelly announced that the courts have determined that Hegseth "violated the Constitution when he tried to punish me for something I said." He was firm, however, "that this case was never just about me."
He added:
"This administration was sending a message to millions of retired veterans that they, too, can be censured or demoted just for speaking out. That's why I couldn't let this stand. Now, this is a critical moment to show this administration that they can't keep undermining the freedoms that generations of Americans like me went to war to defend."
"The First Amendment, it's a foundation of our democracy. It's how we demand better of presidents like Donald Trump whether they're jacking up groceries with tariffs or sending masked immigration agents to intimidate American communities. But Donald Trump and his administration, they don't like accountability."
"They don't like it when journalists report on the consequences of their policies. They don't like it when retired veterans question them, and they don't like it when millions of everyday Americans peacefully protest. That's why they're cracking down on our rights and trying to make examples out of anybody they can."
"Now, that's not how we do things in the United States of America. I didn't ask for this fight, but I've been defending the Constitution since I was commissioned as an ensign in the United States Navy and after decades of public service I can't think of anything more important that I can do for my country than defending the free speech rights of millions of retired veterans and millions of Americans."
"I appreciate the judge's careful consideration and the clarity of this ruling. But I also know that this might not be over yet because this president and this administration do not know how to admit when they're wrong."
"But one thing is for sure, however hard the Trump administration may fight to punish me and silence others, I'm going to fight ten times harder because this, this fight is too important."
You can hear what he said in the video below.
Kelly's message resonated.
In a post on X, Hegseth said the Trump administration would "immediately" appeal the decision, adding:
"Sedition is sedition, 'Captain.'"
You can see his post below.
While President Donald Trump has not yet commented on the ruling, he previously accused Kelly and the group of engaging in sedition, an act "punishable by death."
Kelly, despite not being up for reelection until 2028, has seen a fundraising boost since Hegseth's court-martial threat. He has dismissed Hegseth's threats, saying he was "given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution."
In November, he was the top fundraiser on ActBlue; while fundraising amounts are not listed, a source familiar with the platform's metrics confirmed he's seen a spike in donor activity and is ranked ahead of California Representative Eric Swalwell and Tennessee state Representative Aftyn Behn—both of whom are competing in active races.
