He’s now suing against Pete Hegseth, the Department of Defense, U.S. Navy, and Navy Secretary John Phelan. The suit is a direct response to a formal censure filed by Hegseth. Kelly’s provides for what he calls a “chilling” attempt to undermine his military retirement rank and pension.
The conflict started when Pete Hegseth of Fox & Friends attacked Kelly for supposedly transgressing with “seditious statements.” This censure came after Kelly made public statements encouraging service members to defy unlawful orders. Kelly, joined by other Democrats, put out a barnburner of a video. They opposed the Trump administration’s policies and specifically shamed them for the stress these decisions placed on military members. As Congresswoman Elissa Slotkin, a key legislator featured in the video, recognized, we can’t overlook the extreme pressures that service members were put under during this time.
With an impressive and decorated career that includes service as a retired Navy captain and NASA astronaut, Mark Kelly’s military accomplishment history is remarkable. Yet, because of the actions taken against him, he now faces possible demotion and reduction in pension calls against him. Our lawsuit seeks to judicially void Hegseth’s actions to strip rank and benefits from Kelly. Kelly argues that such acts violate his rights and endanger the constitutional safeguards that are necessary for a free legislative branch.
In his response filing, Kelly argues that Hegseth’s behavior “trampled” on vital constitutional protections that preserve our democratic norms. He further asserts that these actions send a dangerous message to all retired military members regarding their right to speak out on issues of concern.
“There are few things as important as standing up for the rights of the very Americans who fought to defend our freedoms.” – Mark Kelly
The lawsuit cites a Truth Social post by former President Donald Trump, who criticized Mark Kelly and other Democrats in November. Trump called them sedition and treason. He proposed they be punished for what he called “seditious actions punishable by death.” Kelly’s legal team argues that such rhetoric from a sitting president exacerbates the threats against him and highlights the political motivations behind Hegseth’s censure.
“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,” – Mark Kelly
The impact of this case extends well beyond Kelly. It reinforces and should spark critical dialogue regarding the rights of members of the military to voice their perspectives without fear of punishment. The lawsuit underscores the importance of protecting the “bedrock principles of our democracy,” emphasizing that all individuals should have the freedom to speak out without facing punitive actions.