Lawyers for U.S. Senator Mark Kelly are set to ask a federal court on Tuesday to enjoin Defense Department actions that could strip his retired rank as a Navy captain. The hearing, scheduled for 4 p.m. ET in Washington, will address whether the Pentagon may proceed with disciplinary measures after Kelly publicly urged service members to reject unlawful orders.
The case is before U.S. District Judge Richard Leon, a George W. Bush appointee who previously prevented a White House executive order aimed at the law firm WilmerHale from taking effect, calling that measure a "staggering" act of retaliation. The current proceeding has been characterized by Kelly's legal team as another front in what they describe as President Donald Trump’s sweeping campaign of vengeance against those he perceives as political adversaries.
Kelly, a retired Navy captain and former astronaut, was one of six congressional Democrats who appeared in a November video reminding service members of their obligation to disobey illegal commands. In that clip, Kelly said: "Our laws are clear: You can refuse illegal orders." The remarks came amid heightened criticism by Democrats over the president's decisions related to deployment of the National Guard in U.S. cities and the authorization of lethal strikes on vessels suspected of drug smuggling from Latin America.
President Trump responded to the video in a social media post, calling the clip "SEDITIOUS BEHAVIOR, punishable by DEATH." Following that post, U.S. Defense Secretary Pete Hegseth issued a censure letter on January 5, asserting that Kelly had "clearly intended to undermine good order and military discipline" and alleging violations of rules that apply to both active and retired military personnel.
Trump administration attorneys have urged Judge Leon to dismiss the lawsuit. In filings, they described the dispute as a "quintessential matter of military discipline not within the Judiciary’s purview." The administration has also argued the legal challenge is premature, noting that Kelly has not been formally censured through the Defense Department's administrative process and should address Hegseth’s allegations through the established channels.
The hearing will test the courts' role in reviewing alleged reprisals tied to political statements by former service members, and whether judicial intervention is appropriate before the Defense Department completes its administrative procedures. Observers note that judges from across the ideological spectrum have pushed back against certain actions tied to the president that are framed as retaliation.
For now, the outcome rests with Judge Leon, whose prior rulings on related matters signal a willingness to scrutinize executive actions alleged to be punitive. The case will proceed at the scheduled time in the federal courthouse in Washington.