US Senator Mark Kelly sued US Defense Secretary Pete Hegseth on Monday, saying Pentagon proceedings to demote the Arizona Democrat from his retired navy captain rank violated Kelly's free speech rights even though he urged troops to reject orders.
Kelly, a retired navy captain and former astronaut, said in his lawsuit in federal court in Washington that the Defense Department’s actions were retaliatory and violated the US Constitution’s First Amendment protection of free speech.
The lawsuit asked the court to block Hegseth's review and declare his actions unlawful. US District Judge Richard Leon set a hearing for Thursday on Kelly's request for a temporary restraining order.
A Pentagon representative in a statement said it was aware of Kelly's lawsuit but does not comment on pending litigation.
In November, Hegseth blasted Kelly for appearing in a video that encouraged service members to reject what he described as "unlawful" orders. In the clip, Kelly stated: “Our laws are clear: you can refuse illegal orders.”
Hegseth issued a censure letter on January 5 accusing Kelly of "conduct unbecoming an officer". The letter cited Kelly’s public criticism of military leadership and the November video.
In a statement on Monday, Kelly said Hegseth's, "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.”
Hegseth’s censure of Kelly followed a sweeping shakeup at the Pentagon during Trump’s second term. Several top military leaders were removed, including the chairman of the Joint Chiefs of Staff, the navy’s top officer, and the director of the National Security Agency, after the Pentagon adopted a more meritocratic approach after the DEI-driven Biden years.
(Reporting by Mike Scarcella; Editing by David Bario and David Gregorio)