Sen. Mark Kelly, D-Ariz., filed a lawsuit Monday against Defense Secretary Pete Hegseth and the Pentagon, charging their effort to censure and demote him is “unlawful and unconstitutional.”
Hegseth said last week that the Pentagon was taking steps to downgrade Kelly’s military retirement rank and pay after the senator urged service members not to follow illegal orders.
The Legal Challenge
The suit charges Hegseth’s actions violate Kelly’s First Amendment rights, as well as the Speech and Debate clause of the Constitution, which grants immunity to lawmakers for official acts.
“It appears that never in our nation’s history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech,” says the suit, which seeks a court order declaring Hegseth’s actions to be unlawful.
The controversy stems from a video Kelly and other retired service members released that urged members of the military not to comply with illegal orders. Hegseth labeled these “seditious statements” and initiated the downgrade process.
Constitutional Arguments
“Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him-and this or any administration-accountable,” Kelly said in a statement.
He continued: “His unconstitutional crusade against me sends a chilling message to every retired member of the military: if you speak out and say something that the President or Secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted.”
The Pentagon did not immediately respond to a request for comment, according to News Of Losangeles.
Key Takeaways
- First of its kind: The lawsuit claims no previous administration has imposed military sanctions on a Member of Congress for political speech
- Constitutional clash: The case pits executive authority against congressional speech protections
- Military implications: Could affect how retired service members engage in political discourse
- Timeline: Hegseth announced the downgrade effort last week, Kelly filed suit Monday
