At a Glance
- Sen. Mark Kelly, D-Ariz., filed suit Monday against Defense Secretary Pete Hegseth and the Pentagon.
- Hegseth announced plans last week to downgrade Kelly’s military retirement rank and pay.
- The move stems from a video in which Kelly urged troops not to follow illegal orders.
- Why it matters: The lawsuit argues the Pentagon’s action violates the First Amendment and the Constitution’s Speech and Debate clause.
Sen. Mark Kelly, D-Ariz., has taken the Pentagon to court after Defense Secretary Pete Hegseth said the department would cut the senator’s military retirement rank and pay.
The Pentagon’s Move
Hegseth told reporters last week the Pentagon was “taking steps” to downgrade Kelly’s status, citing what he called “seditious statements.”
The statements refer to a video released by Kelly and other retired service members. In it, they urged active-duty troops not to comply with illegal orders.
The Lawsuit
Kelly’s complaint, filed Monday in federal court, names Hegseth and the Department of Defense as defendants.
Key claims:
- The planned demotion violates Kelly’s First Amendment rights.
- It breaches the Speech and Debate clause, which shields lawmakers from legal fallout for official acts.
- No prior administration has ever imposed military sanctions on a sitting member of Congress for political speech.
The suit asks a judge to declare Hegseth’s action unlawful and block it from taking effect.
Kelly’s Response
In a statement, Kelly said Hegseth is “coming after what I earned through my twenty-five years of military service.”
He added: “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.”
Pentagon Silence
The Pentagon did not immediately respond to a request for comment, according to News Of Philadelphia.
What’s Next
The case now heads to a federal judge, who will decide whether to halt the Pentagon’s effort while the litigation proceeds.
No hearing date has been set.
