Mark Kelly sues Pete Hegseth over demotion threat
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Sen. Mark Kelly is suing Defense Secretary Pete Hegseth. Photo: Kevin Dietsch/Getty Images
Sen. Mark Kelly (D-Ariz.) is suing to stop Defense Secretary Pete Hegseth from going after his Navy rank for his participation in a video that President Trump called "seditious."
Why it matters: Kelly, a retired Navy captain, alleges that the Trump administration's attempt to punish him by demoting his military status "sends a chilling message to every retired member of the military."
What they're saying: "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.
- "His 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," he said.
Catch up quick: In November, Kelly appeared in a video with five other Democratic lawmakers, reminding military and service members they could disobey unlawful orders.
- President Trump immediately called the video "SEDITIOUS BEHAVIOR, punishable by DEATH," and the Pentagon opened a military investigation into Kelly.
- Last week, Hegseth issued a formal Letter of Censure against Kelly, began the process to demote his rank and threatened criminal prosecution if the senator didn't change his behavior.
The latest: Kelly filed a lawsuit in federal court in Washington, D.C. on Monday, asking a judge to deem the censure illegal and prohibit Hegseth from moving forward with the demotion process.
Between the lines: Kelly's attorney alleges in the lawsuit that Hegseth's attempts to punish the senator violate his First Amendment right to political speech and "trample on protections the Constitution singles out as essential to legislative independence."
- The lawsuit also alleges that Hegseth doesn't have legal authority to demote Kelly.
The intrigue: Multiple military attorneys told Axios that the military can only use misconduct committed while an officer was actively serving to determine an officer's retirement rank. Kelly retired in 2011.
- Eugene Fidell, a senior research scholar at Yale Law School, said Hegseth's demotion attempt was "dead on arrival" and predicted that a judge will expeditiously side with Kelly and award him attorney fees, to be paid with taxpayer dollars.
- Senior military defense attorney Annie Morgan said Hegseth's attempt to demote Kelly is "patently politically motivated" and "undermines the legitimacy of military justice."
The other side: "We are aware of the litigation. However, as a matter of policy, the Department does not comment on ongoing litigation," a War Department spokesperson said in a statement.
Editor's note: This story has been updated with additional information.