On Monday, Sen. Mark Kelly, D-Ariz., filed a civil lawsuit naming Defense Sec. Pete Hegseth and the Department of Defense, seeking to block enforcement of punishment and set aside retirement status changes.
The dispute between the two started with a November video featuring Kelly and several other members of Congress with extensive military backgrounds encouraging current service members to disobey illegal orders. The Trump administration labeled it “seditious,” and President Donald Trump suggested prosecution. Hegseth cited the video to justify downgrading Kelly’s retirement rank.
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In a 46-page complaint, Kelly’s lawyers argued the federal retirement-grade statute covers only active-duty conduct and invoked the First Amendment and Speech or Debate Clause of the Constitution.
Hegseth issued a formal censure and announced retirement-grade proceedings that could lower Captain Kelly’s retired rank and pay, and place the censure in his official file.