Senator Mark Kelly sues Defence Secretary Pete Hegseth over attempted demotion
U.S. Sen. Mark Kelly sued Defense Secretary Pete Hegseth, arguing the Pentagon illegally attempted to demote him in retaliation for his criticism of the Trump administration.
Kelly, a former Navy captain, drew the ire of Hegseth and President Donald Trump after filming a video telling military personnel they could refuse illegal orders.
Trump accused Kelly of “sedition” and Hegseth said he would open proceedings to lower Kelly’s retirement level, which could result in a reduction in her salary.
According to his case, these actions violated Kelly’s rights to free speech and due process, and did not follow proper military procedure. The Pentagon and the White House had no immediate comment.
Kelly had a significant career as an astronaut before being elected to the United States Senate from Arizona in 2020.
He also founded a gun safety group with his wife, former Congresswoman Gabrielle Giffords, who was shot in the head at an event in 2011 and survived.
He has established himself as a centrist, defense-focused Democrat and has criticized Trump’s use of National Guard troops to patrol U.S. cities.
Trump’s deployment of the National Guard to Los Angeles, Portland, Washington DC and elsewhere has sparked major legal battles. The Trump administration says the forces are needed to crack down on crime and to protect federal immigration agents when they conduct sweeps in major U.S. cities.
In November, Kelly, along with five other Democrats, filmed a video telling military personnel, “Our laws are clear: You can refuse illegal orders.”
The video angered Trump, who posted “LOCK THEM UP???” on Social Truth. The president’s account also shared another user’s post, which read: “HANG THEM GEORGE WASHINGTON WOULD DO!!”
Trump later clarified to Fox News: “I’m not making a death threat, but I think they’re in serious trouble.”
Hegseth then announced that he would open retirement level determination proceedings against Kelly and issue a formal letter of censure. He called Kelly’s comments “seditious in nature” and a violation of the Uniform Code of Military Justice.
Kelly’s filing contends that Hegseth “disciplined Senator Kelly solely for the content and viewpoint of his political speech.”
Kelly also alleges that Hegseth did not have a legal basis to open a review of Kelly’s retirement rating.
“Nothing in the statute authorizes the Department of Defense to reopen this decision based on post-retirement political speech – and if it did so, it would raise serious constitutional concerns and subject all of the nation’s retired veterans to a constant threat to their retirement,” the case states.
