Arizona Sen. Mark Kelly sues War Department over military pension review

Arizona Democratic senator and retired naval officer Mark Kelly filed a federal lawsuit against the War Department and several top officials after the agency took steps to downgrade his retirement range and reduce his military pension. The conflict was sparked after Kelly participated in a video along with other Democratic lawmakers in which they urged members of the Armed Forces to reject "unlawful orders" from the Trump Administration.

The court action was filed in Washington, D.C., and names as defendants the secretary of war, Pete Hegseth; the War Department; the U.S. Navy; and Secretary of the Navy John Phelan. In the brief, Kelly contends that the executive branch's decisions lack legal standing and violate constitutional protections linked to congressional independence.

The message that triggered the dispute

The case stems from a video released on November 18, in which Kelly appeared alongside Senator Elissa Slotkin and Representatives Chris Deluzio, Chrissy Houlahan, Maggie Goodlander and Jason Crow. Addressing serving military and intelligence officers, the lawmakers noted that the law is clear and that illegal orders can and should be refused.

Following the release of the video, the War Department responded that Kelly's status as a sitting senator does not exempt him from accountability and warned that additional conduct could result in further disciplinary action. In December, the Pentagon announced the initiation of a full command investigation against Kelly for "serious misconduct."

Formal censure

As part of that process, Hegseth sent a letter of censure to Kelly in which he stated that his statements did not promote good order or discipline. Such communications are often used to document misconduct and can serve as grounds for reductions in rank, salary or benefits, as well as serve as a warning against more severe sanctions in the event of a repeat offense.