Sen. Mark Kelly of Arizona filed a lawsuit Monday against Defense Secretary Pete Hegseth, challenging a censure issued last week over a video in which Kelly urged U.S. service members to refuse unlawful orders.
Constitutional Claims
Kelly argues the censure violates his First Amendment rights, the speech and debate clause protecting lawmakers, and his right to due process. The lawsuit also names the Department of Defense, the Department of the Navy, and Navy Secretary John Phelan as defendants.
Background on the Censure
Hegseth censured Kelly on Jan. 5, calling the video “seditious in nature.” The censure could result in a reduction of Kelly’s retired Navy rank and retirement pay. Kelly retired as a Navy captain after more than 20 years of service.
Kelly Stands Firm
Kelly has defended the message in the video as consistent with the Constitution and the Uniform Code of Military Justice. He has said he would “absolutely not” change his stance or back down following the censure.
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