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Mark Kelly Sues Pentagon Over Demotion
Sen. Mark Kelly has sued the Pentagon and Defense Secretary Pete Hegseth, alleging unconstitutional retaliation over efforts to demote his military retirement rank after he appeared in a controversial video.
Senator Mark Kelly @Facebook
Sen. Mark Kelly Sues Defense Secretary Over Bid to Demote His Retirement Rank
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Arizona Democratic Sen. Mark Kelly filed a lawsuit Monday against Defense Secretary Pete Hegseth and the Department of Defense, challenging efforts to downgrade his retirement rank and pay following his appearance in a video telling service members they are not required to follow illegal orders.
The lawsuit, filed in federal district court for the District of Columbia, argues that the Trump administration’s actions violate the First Amendment, separation of powers, due process protections and the Constitution’s Speech and Debate clause. Kelly, a retired Navy captain, contends the move represents unconstitutional retaliation for protected political speech.
“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 warned that the effort sends “a chilling message” to retired service members that speaking out against the president or defense secretary could result in censure, demotion or prosecution.
Kelly appeared in the video alongside Michigan Sen. Elissa Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, and New Hampshire Rep. Maggie Goodlander. All are former members of the military or intelligence agencies, though Kelly is the only one still subject to military retirement rules.
President Donald Trump reacted angrily to the video, posting on social media that he believed it amounted to “SEDITIOUS BEHAVIOR, punishable by DEATH!”
The Defense Department announced in late November that it was investigating what it described as “serious allegations of misconduct” against Kelly related to the video. Kelly said at a December press conference on Capitol Hill that the Defense Department investigation, along with an FBI inquiry into all of the lawmakers involved, marked “a dangerous moment for the United States of America,” accusing the president and his allies of using government power to silence elected officials.
Hegseth initially threatened to court-martial Kelly but said in early January that the Pentagon would instead pursue a downgrade of Kelly’s retirement rank and pay. In a social media post, Hegseth said Kelly had been notified of the basis for the action and given 30 days to respond, with the retirement grade determination process to be completed within 45 days.
Kelly said at the time that he would challenge the decision, a stance formalized in the 46-page lawsuit filed Monday. The suit asks a federal judge to declare the effort to demote him “unlawful and unconstitutional” and to block the Pentagon from moving forward.
“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” the lawsuit states, adding that lawmakers are entitled to the “widest latitude” to speak on matters of public policy.
The lawsuit also argues that the Pentagon’s actions undermine constitutional protections designed to preserve legislative independence, asserting that no previous administration has imposed military sanctions on a sitting member of Congress for political speech. Allowing such action, the suit says, would invert the constitutional balance by subjecting the legislative branch to executive discipline.
Kelly’s legal team has asked the court to grant emergency relief by Friday, Jan. 16.
Editor’s Note:
This report details a developing legal dispute between a sitting U.S. senator and the Department of Defense, highlighting broader constitutional questions about free speech, civil-military relations and the balance of power between the executive and legislative branches.
