Dozens of former military leaders defend Mark Kelly in Pentagon fight

Dozens of former military leaders defend Mark Kelly in Pentagon fight

BrieAnna J. Frank, USA TODAY

Tue, January 20, 2026 at 5:15 PM UTC

5 min read

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Dozens of former military leaders are supporting Arizona Sen. Mark Kelly’s First Amendment lawsuit against the Pentagon, saying Secretary Pete Hegseth’s threats against the retired Navy captain could serve to undermine veterans’ protected speech.

The group includes former Secretary of the Army Louis E. Caldera, who was appointed by former President Bill Clinton in 1998, and former Secretary of the Navy Sean C. O’Keefe, who served in the position during President George H.W. Bush’s administration.

“They are deeply concerned by actions of the U.S. government that chill honest and thoughtful public participation of those who served their nation in uniform,” the group said in a Jan. 20 friend-of-the-court brief filed in U.S. District Court for the District of Columbia.

The 41-person group, composed of dozens of retired senior military officers including four-star generals and admirals, was aware of the potential risks involved with publicly speaking out against President Donald Trump's administration but believed that doing so was their civic duty, according to the legal filing.

“This decision is not made lightly: the attempt to punish Senator Kelly suggests that public expressions of disagreement with the Secretary – even if made in good faith and supported factually – invite possible retaliation,” the brief said.

It called the Pentagon’s actions “remarkable and unprecedented.” It also said the group was “aware of many fellow veterans who would eagerly participate in public debate on important and contested issues, but are declining to do so today, fearing official reprisal.”

The Pentagon told USA TODAY on Jan. 20 it does not comment on pending litigation.

Leaders say 'silencing veteran voices' is 'especially harmful'

The matter stems from a video posted by a group of Democratic lawmakers in November in which Kelly said service members “can refuse illegal orders.” Some interpreted the video as implying the Trump administration's orders were unlawful, though that was never stated directly.

The Pentagon announced an investigation into Kelly on Nov. 24, citing military codes and a federal law that bans interfering with the "loyalty, morale, or good order and discipline of the armed forces."

On Jan. 5, Hegseth announced on social media that he had issued a formal censure to Kelly and taken steps to demote him in retirement.

Kelly responded by vowing to fight for the First Amendment and sued the Pentagon on Jan. 12. The complaint argued in part that demoting Kelly “based on post-military-retirement speech would raise serious constitutional concerns under the First Amendment.”

Though he's retired, Kelly remains subject to military rules known as the Uniform Code of Military Justice. Those codes include bans on speech that would be constitutionally protected if made by everyday people. That includes prohibiting "contemptuous" speech against the president, “unbecoming” conduct or other actions that disrupt the "good order and discipline" of the armed forces.

But experts previously told The Arizona Republic, part of the USA TODAY Network, that the nature of Kelly's comments and his status as a retiree could make a difference in court.

Beau Tremitiere, counsel and deputy impact director at Protect Democracy, said on Jan. 20 that attempts to suppress veterans’ speech is “not just illegal – it's un-American.”

"Our national security is strengthened − not weakened − when those with firsthand expertise can speak openly and inform public debate on matters involving the military and our defense," he said.

A court allowing the Pentagon to punish Kelly for his comments would “chill public participation by veterans around the country,” the military leaders’ brief said, adding that “silencing veteran voices would be especially harmful – depriving the public of experienced and informed views on critical matters of national security.”

Who's named in the brief

Former Secretary of the Army Louis E. Caldera
Former Secretary of the Navy Sean C. O’Keefe
Admiral C. Steve Abbot, U.S. Navy (Ret.)
Admiral Thad W. Allen, U.S. Coast Guard (Ret.)
Admiral Dennis C. Blair, U.S. Navy (Ret.)
General George W. Casey, Jr., U.S. Army (Ret.)
General Michael V. Hayden, U.S. Air Force (Ret.)
Admiral Gregory G. Johnson, U.S. Navy (Ret.)
Admiral John. B. Nathman, U.S. Navy (Ret.)
Admiral William A. Owens, U.S. Navy (Ret.)
Vice Admiral Donald C. Arthur, U.S. Navy (Ret.)
Vice Admiral Michael T. Franken, U.S. Navy (Ret.)
Lieutenant General Walter E. Gaskin, U.S. Marine Corps (Ret.)
Lieutenant General Claudia J. Kennedy, U.S. Army (Ret.)
Lieutenant General Charles P. Otstott, U.S. Army (Ret.)
Rear Admiral (Upper Half) William D. Baumgartner, U.S. Coast Guard (Ret.)
Major General Richard T. Devereaux, U.S. Air Force (Ret.)
Major General Paul D. Eaton, U.S. Army (Ret.)
Rear Admiral (Upper Half) F. Stephen Glass, U.S. Navy (Ret.)
Major General Jonathan S. Gration, U.S. Air Force (Ret.)
Rear Admiral (Upper Half) Donald J. Guter, U.S Navy (Ret.)
Major General Richard S. Haddad, U.S. Air Force (Ret.)
Major General Irving L. Halter, Jr., U.S. Air Force (Ret.)
Rear Admiral (Upper Half) Janice Hamby, U.S. Navy (Ret.)
Major General Dennis Laich, U.S. Army (Ret.)
Major General Steven J. Lepper, U.S. Air Force (Ret.)
Major General Randy E. Manner, U.S. Army (Ret.)
Major General Frederick H. Martin, U.S. Air Force (Ret.)
Rear Admiral (Upper Half) David R. Oliver, Jr., U.S Navy (Ret.)
Major General Antonio Taguba, U.S. Army (Ret.)
Major General F. Andrew Turley, U.S. Air Force (Ret.)
Brigadier General Clara Adams-Ender, U.S. Army (Ret.)
Rear Admiral (Lower Half) James A. Barnett, Jr., U.S. Navy (Ret.)
Brigadier General Bela J. Chain, Jr., U.S. Army (Ret.),
Rear Admiral (Lower Half) Jay A. DeLoach, U.S. Navy (Ret.)
Brigadier General John W. Douglass, U.S. Air Force (Ret.)
Brigadier General Robert J. Felderman, U.S. Army (Ret.)
Rear Admiral (Lower Half) Charles D. Harr, U.S. Navy (Ret.)
Brigadier General David R. Irvine, U.S. Army (Ret.)
Rear Admiral (Lower Half) Harold L. Robinson, U.S. Navy (Ret.)
Brigadier General John M. Schuster, U.S. Army (Ret.)

Contributing: Taylor Seely

BrieAnna Frank is a First Amendment reporter at USA TODAY. Reach her at bjfrank@usatoday.com.

USA TODAY's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners. Funders do not provide editorial input.

This article originally appeared on USA TODAY: Dozens of former military leaders defend Mark Kelly in Pentagon fight

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