Kelly sues Hegseth, Pentagon over censure
Hegseth’s censure was ‘unlawful and unconstitutional,’ Kelly said
What happened
Sen. Mark Kelly (D-Ariz.) on Monday sued Defense Secretary Pete Hegseth and the Pentagon over the Trump administration’s retaliation for his appearance in a video reminding military members of their obligation to reject illegal orders. Kelly, a retired Navy captain, is asking a federal court to block Hegseth’s “unlawful and unconstitutional” bid to reduce his rank and pension and other threatened punishments “for engaging in disfavored political speech.”
Who said what
Kelly’s lawsuit “seeks to reverse the administrative rebuke” from Hegseth, the Arizona Republic said, “but it could also establish new clarity on whether the Pentagon can invoke military law to effectively limit what a senator who oversees that agency can say.” The lawsuit says the First Amendment’s free speech guarantee “applies with particular force to legislators speaking on matters of public policy.”
It is “rare, if not jarring,” for a sitting senator to sue the defense secretary, The Associated Press said, but Kelly is the latest of several lawmakers to “push back against what they see as an out-of-control executive branch.” Hegseth “wants our longest-serving military veterans to live with the constant threat that they could be deprived of their rank and pay” because he or a future defense secretary “doesn’t like what they’ve said,” Kelly said in a statement. “That’s not the way things work in the United States of America, and I won’t stand for it.”
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What next?
U.S. District Judge Richard Leon has scheduled a Thursday hearing on Kelly’s request for a temporary restraining order, and the “next steps in the case” could “come quickly,” The Washington Post said. Hegseth directed Kelly to respond to his censure by Jan. 20, but the senator’s lawyers are asking Leon to block the proceedings from moving forward while his challenge is litigated.
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