Sen. Mark Kelly on Monday sued Defense Secretary Pete Hegseth for trying to reduce his retirement rank and pay, which he called an “unconstitutional crusade” against him.
Mr. Hegseth initiated the censure in November after Mr. Kelly and five other Democratic lawmakers — all veterans of the armed forces and intelligence community — appeared in a social media video urging military troops to defy illegal orders and uphold the Constitution.
The video was first posted on the X account of Sen. Elissa Slotkin, Michigan Democrat.
Mr. Kelly, Arizona Democrat, spent roughly 25 years in the Navy as a fighter pilot and NASA astronaut. He said the Pentagon’s move against him sends a chilling message to every retired military member.
“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 persecuted,” Mr. Kelly said Monday on social media. “Every servicemember knows military rank is earned, not given.”
The lawsuit, filed Monday in D.C. federal court, said the censure, along with the possible reduction in rank and pay, violates numerous constitutional guarantees and has no legal foundation.
“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” the 46-page lawsuit states. “That prohibition applies with particular force to legislators speaking on matters of public policy.”
A Pentagon official told The Washington Times that they were aware of Mr. Kelly’s lawsuit, which also names Navy Secretary John Phelan as a defendant.
“However, as a matter of policy, the department does not comment on ongoing litigation,” the official said.
Also appearing in the video with Mr. Kelly were Ms. Slotkin, along with Democratic Reps. Jason Crow of Colorado, Christopher R. Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire, and Chrissy Houlahan of Pennsylvania. Mr. Kelly was the only retired service member among the group of Democratic lawmakers.
“As a retired Navy captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice,” Mr. Hegseth wrote last week in a post on X. “The Department of War — and the American people — expect justice.”
The video didn’t mention any specific instances of illegal orders being given to the troops. But it was released amid a series of U.S. military attacks on suspected narcotics trafficking boats in the Caribbean.
“Pete Hegseth wants our longest-serving military veterans to live with the constant threat that they could be deprived of their rank and pay years or even decades after they leave the military, just because he or another Secretary of Defense doesn’t like what they’ve said,” Mr. Kelly said. “That’s not the way things work in the United States of America, and I won’t stand for it.”
The Supreme Court has held that the Constitution requires that legislators be given the widest latitude to express their views on policy issues.
“The Secretary’s letter makes clear on its face that he is disciplining Sen. Kelly solely for the content and viewpoint of his political speech. The executive’s actions also trample on protections the Constitution singles out as essential to legislative independence,” according to the lawsuit. “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.”
• Mike Glenn can be reached at mglenn@washingtontimes.com.
Please read our comment policy before commenting.