Pentagon Pete Sued by U.S. Hero for ‘Chilling’ Message to Vets

US Defense Secretary Pete Hegseth is facing a lawsuit filed by a former Army serviceman who claims he is the victim of an unconstitutional reprisal by the Trump administration. The lawsuit stems from Hegseth’s call for service members to “refuse illegal orders.”

Senator Mark Kelly, a former Navy SEAL, made the call along with five other Democratic lawmakers in a video last year, prompting Donald Trump to accuse the group of “SEDITIOUS BEHAVIOR, punishable by DEATH!”

Hegseth, who initially threatened to court-martial Kelly, also reacted angrily and retaliated this month by reducing the Arizona senator’s rank and salary.

“As a retired U.S. Navy captain still receiving a military pension, Captain Kelly knows he remains accountable to military justice,” Hegseth wrote on X. But in a 46-page complaint filed Monday, Kelly sought to block Hegseth’s actions, arguing they were “unconstitutional and without legal basis.”

He also warned that such measures could have a chilling effect, putting veterans at risk of demotion and pay cuts for years after retirement, simply for making statements that displeased him or other secretaries of defense.

“It appears that never before in our nation’s history has the executive branch imposed military sanctions on a member of Congress for political statements deemed inappropriate,” the complaint states.

“If the secretary’s reprimands and demotions continue, they will cause immediate and irreparable harm,” it adds.

All these actions also suggest to retired military personnel and members of Congress that criticizing the executive branch’s use of the armed forces could lead to military retaliation.

The lawsuit, filed in the United States District Court for the District of Columbia, names Hegseth, Secretary of the Navy John Phelan, and the Department of Defense as defendants.

The case centers on a video Kelly and five of his colleagues released in November, as tensions escalated following the administration’s deadly strikes on ships suspected of carrying drugs and the buildup of U.S. troops near Venezuela.

At the time, the administration justified the strikes by insisting it was waging war on “narco-terrorists” to stem the flow of drugs into the United States.

But since then, US forces have captured Venezuelan dictator Nicolás Maduro, and Trump has made his intentions clear: to “manage” Venezuela for the foreseeable future, while also seizing its oil, as part of the US quest for hegemony in the Western Hemisphere.

In the video, the Democratic lawmakers—all from the armed forces or intelligence services—tell viewers: “We know you are under tremendous pressure right now. Americans trust their military, but that trust is under threat.

This administration is turning our active-duty military and intelligence experts against American citizens. And like us, you have all sworn an oath to protect and defend this Constitution.” Right now, the threats to our Constitution are not just coming from abroad; they are coming from within. Our laws are clear: you have the right to refuse unlawful orders.

However, Kelly, who retired from the Navy in 2011 after 25 years of service with the rank of captain, was the only one of the six Democratic representatives to have faced disciplinary action from the Department of Defense.

The other five—Elissa Slotkin, Jason Crow, Chrissy Hoolahan, Chris DeLozio, and Maggie Goodlander—do not receive a military pension.