Democratic Senator Mark Kelly is suing Defense Secretary Pete Hegseth and Pentagon officials after Donald Trump’s administration threatened to haul the Navy veteran to court and cut his retirement rank and pay.
The threats followed a video statement from Kelly and other lawmakers with military backgrounds telling troops they “can and must refuse illegal orders,” emphasizing that threats to constitutional order can emerge “from right here at home.”
The Trump administration responded with “extreme rhetoric and punitive retribution,” including publicly branding Kelly’s statements seditious and treasonous, according to Kelly’s lawsuit.
A statement from the Pentagon suggested the retired naval officer could be recalled to active duty “for court-martial proceedings or administrative measures,” and Hegseth issued a “Secretarial Letter of Censure” declaring his statements “undermined the chain of command,” “counseled disobedience,” and constitute “conduct unbecoming an officer.”
Trump, meanwhile, labeled the Democratic officials “traitors” who “SHOULD BE IN JAIL RIGHT NOW” and raged against them in a series of Truth Social statements in the days that followed the video.
The president also reposted several messages from Truth Social users, including a message demanding the president “HANG THEM” like “GEORGE WASHINGTON WOULD !!”
“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,” according to Kelly’s lawsuit.
If allowed to stand, Hegseth’s attempts to censure Kelly could imperil “protected speech, chill legislative oversight, and threaten reductions in rank and pay,” the lawsuit states.
“Each of these actions also signals to retired service members and members of Congress that criticism of the Executive’s use of the armed forces may be met with retaliation through military channels,” the lawsuit adds.
A federal judge must intervene to preserve Kelly’s First Amendment rights and due process before an “unconstitutional and legally baseless proceeding” can begin, according to the lawsuit.
In a statement supporting the complaint, Kelly said Hegseth is “coming after what I earned “ after 25 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.”
“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,” Kelly wrote.
He is now suing Hegseth “because there are few things as important as standing up for the rights of the very Americans who fought to defend our freedoms.”
This is a developing story
