Sen. Mark Kelly Sues Pentagon Over Punishment for ‘Illegal Orders’ Video

‘Defendants’ actions violate numerous constitutional guarantees and have no basis in statute,’ the lawsuit states.

Sen. Mark Kelly (D-Ariz.) speaks during the Senate Finance Committee hearing on the nomination of Chris Magnus to be the next U.S. Customs and Border Protection Commissioner, on Capitol Hill in Washington on Oct. 19, 2021. Rod Lamkey/Pool/AFP via Getty Images

Sen. Mark Kelly (D-Ariz.) on Jan. 12 sued War Secretary Pete Hegseth and other defense officials, alleging they violated the U.S. Constitution when they investigated and punished him for participating in a video encouraging troops to disobey “illegal orders.”

“The video’s message—that service members ‘can refuse illegal orders’—is a plain statement of blackletter law,” the lawsuit from Kelly, a retired Navy captain, stated.