Sen. Mark Kelly, D-Ariz., sued Defense Secretary Pete Hegseth and the Pentagon on Monday, claiming moves to censure him run afoul of the First Amendment.
Kelly, along with several other legislators, took part in a video that reminded members of the military of their legal right to refuse unlawful orders. Released in November, the video came amid accusations that the Trump administration had broken international law in carrying out airstrikes on suspected drug boats in the Caribbean.
Hegseth issued a letter of censure against the retired Navy veteran and announced the Department of Defense would decide whether to demote Kelly and reduce his pension in the coming weeks. Kelly’s lawsuit, filed in D.C. on Monday, asks a judge to block Hegseth and the Pentagon from taking action.
“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” the suit states. “That prohibition applies with particular force to legislators speaking on matters of public policy.”
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Harsh as Hegseth’s move might be, it’s considerably less severe than the punishment hinted at by President Donald Trump. After Kelly and the other lawmakers released the video, Trump suggested that their actions might constitute sedition, a capital offense.
“This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand,” he wrote on Truth Social. “SEDITIOUS BEHAVIOR, punishable by DEATH!”
