Democratic Senator Mark Kelly filed a lawsuit against the Pentagon on Monday, seeking to block disciplinary actions linked to his public warnings about illegal military orders. The former Navy pilot is challenging a formal censure issued last week by Defense Secretary Pete Hegseth, arguing the move is an unconstitutional attack on his free speech.
The legal battle centers on a video Kelly released in November with five other Democratic lawmakers—all military or intelligence veterans—urging troops to uphold the Constitution and refuse “illegal orders.”
Hegseth responded by censuring Kelly, characterizing the letter as a “necessary process step” in proceedings that could ultimately demote Kelly from his retired rank of captain and reduce his retirement benefits.
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Kelly’s lawsuit asks the court to void the censure and halt any further punishment, asserting that the government cannot retaliate against a legislator for expression protected by the First Amendment.
“That prohibition applies with particular force to legislators speaking on matters of public policy,” the filing states.
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