Arizona Senator Mark Kelly sued Defense Secretary Pete Hegseth on January 12, over the Pentagon’s attempted military demotion of Kelly, according to NBC News.
Kelly filed this lawsuit, arguing that the Pentagon’s actions violated his protections as a sitting U.S. senator.
In the lawsuit filed in the U.S. District Court in Washington, D.C., Kelly aims to vacate the seizure of his pension and halt any further punishments.
According to The New York Times, the lawsuit argues that Kelly’s statements were lawful under the Constitution’s “speech or debate” clause.
Although the case seems to be going in Kelly’s favor, the Justice Department lawyers argue that this case is not about freedom of speech in civilian society.
“Instead, this case involves a retired military officer who seeks to use his military status as a sword and his legislative position as a shield against the consequences of his actions in military personnel matters,” according to ABC News.
This framing shifts the focus from constitutional protections to obligations tied to Kelly’s former role in the Navy.
They are using this to argue that because of his previous status in the military, he can be punished for speech that undermines “military discipline and good order,” ABC News continued.
According to NBC News, on February 3, U.S. District Judge Richard Leon pointed out “that there are restrictions on the speech of active members of the military, whereas Kelly is no longer on active duty.”
The Justice Department lawyer attempted to counter this by saying it applies to retired members, but he was unable to cite a law to support it.
This lawsuit came after Kelly, along with five other democratic senators, filmed a video criticizing the Trump administration’s militarization of U.S. cities, urging military personnel that “Our laws are clear: you can refuse illegal orders.”
In response to this video, President Donald Trump posted on Truth Social, “LOCK THEM UP???” along with reposting another post calling for Kelly and the others in the video to be hanged, according to BBC News.
However, Trump then clarified on Fox News Radio’s The Brian Kilmeade Show that he’s “not threatening them, but [he] thinks they’re in serious trouble.”
Along with Trump, the Defense Department said that “it was taking administrative action against Mr. Kelly,” for the video, claiming it was “seditious in nature” and a violation of the Uniform Code of Military Justice, according to The New York Times.
This action was later reinforced by additional Pentagon statements outlining possible consequences for Kelly.
In a post on X, Hegseth said that the Pentagon planned to “initiate retirement grade determination proceedings,” which could result in a “reduction in his retired grade and a corresponding reduction in retired pay,” according to CBS News.
Kelly, though, responded by saying that he has “every right to say these things as an American, as a retired service member and as a U.S. senator.”
If not blocked by a judge, Hegseth and the DOD could remove Kelly’s military benefits, which he receives because he reached active-duty retirement after serving in the military for over 20 years.