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Kelly Sues Pentagon Over Threats of Punishment From Hegseth

Following are excerpts from a current report in The New York Times:

Senator Mark Kelly, Democrat of Arizona, asked a federal judge to block the Trump administration from disciplining him for a video warning about illegal military orders.
Senator Mark Kelly, Democrat of Arizona, on Monday sued Defense Secretary Pete Hegseth and the Pentagon over a move to punish him for a video he released with other lawmakers reminding military members that they must not follow illegal orders. The Defense Department said last week that it was taking administrative action against Mr. Kelly, a retired Navy captain and astronaut who is serving his first full term in the Senate, that could reduce his retirement rank and military pension.

Mr. Hegseth has accused the senator, who is regarded as a potential 2028 presidential contender, of sedition and treason for posting a video along with five other Democratic lawmakers in which he did not name any specific order but said: “Our laws are clear. You can refuse illegal orders.” The lawsuit filed in Washington asked a federal judge to block the Pentagon’s efforts to punish Mr. Kelly and find them “unlawful and unconstitutional.”

“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” the complaint stated. “That prohibition applies with particular force to legislators speaking on matters of public policy.” The Defense Department declined to comment on the ongoing litigation. .

In a “formal letter of censure” that Mr. Hegseth released last week, he accused the senator of characterizing lawful military operations as “illegal” in a “sustained pattern” that began in June 2025. The letter cited the senator criticizing Mr. Hegseth for firing generals and admirals and saying that the defense secretary had surrounded himself with “yes men.”

“That’s my job,” Mr. Kelly said on the Senate floor on Monday. “I have every right to say these things as an American, as a retired service member and as a U.S. senator.”

Mr. Hegseth wrote on social media last week that Mr. Kelly’s status as a sitting senator “does not exempt him from accountability, and further violations could result in further action.” The defense secretary indicated that a decision on whether to reduce the senator’s rank and pension would be made by mid-February.

But the lawsuit argued that Mr. Kelly’s public statements about policy and personnel were lawful under a section of the Constitution known as the “speech or debate” clause. That section has long been interpreted to protect members of Congress from executive or judicial discipline for not only their speech but also their legislative work broadly.

Mr. Kelly argued in his lawsuit that as a member of the Senate Armed Services Committee, he has a role to provide congressional oversight over Mr. Hegseth’s actions. Failure to block any disciplinary action against the senator “would invert the constitutional structure by subordinating the legislative branch to executive discipline and chilling congressional oversight of the armed forces,” the complaint stated.

The Uniform Code of Military Justice still applies to Mr. Kelly as a retired naval officer. The administration could recall him to active duty and discipline him, unless the court were to block such action. His fellow Democratic lawmakers in the video released last year did not serve long enough to retire and receive a pension, and are not subject to military law.

Comment:   Hegseth's attempt at personal intimidation of Kelly is absolutely despicable.

Note: Text emphasis in the above report was added.

Comments

  • “That’s my job,” Mr. Kelly said on the Senate floor on Monday. “I have every right to say these things as an American, as a retired service member and as a U.S. senator.”

    It is his job, and his duty, and his Constitutional right.
  • I hope Mr. Kelly gains a windfall from this.
  • Damned straight. And from Hegseth personally.
  • Can he pay in whiskey from a hip flask?
  • JD_co said:

    I hope Mr. Kelly gains a windfall from this.

    This would make me very happy!
  • Likewise, very happy indeed.

    Bonus - Hegseth stripped of all his benefits and given an orange jumpsuit.
  • edited January 12
    Mark said:

    Likewise, very happy indeed.
    Bonus - Hegseth stripped of all his benefits and given an orange jumpsuit.

    After his little stint in the Trump administration ends,
    Hegseth may be susceptible to war crimes prosecution at the Hague.
    This couldn't happen to a more deserving fellow!
  • Good. 47 can go as his butt buddie.
  • edited January 13
    "Charlotte Clymer, who writes Charlotte’s Web Thoughts, walked readers through Kelly’s citations.
    They include the Navy Pilot Astronaut Badge, earned by fewer than 200 service members,
    and the NASA Distinguished Service Medal. As Clymer notes, the NASA Distinguished Service Medal
    is 'the highest award bestowed by NASA and one of the rarest awards in the federal government.'
    Since the medal was created in 1959, it has been awarded fewer than 400 times."

    "Kelly’s lawsuit notes that the First Amendment prohibits the government from retaliating
    against those engaging in protected speech and that the Constitution’s protection of the speech
    and debate of lawmakers provides additional safeguards. Indeed, the lawsuit says,
    'never in our nation’s history has the Executive Branch imposed military sanctions
    on a Member of Congress for engaging in disfavored political speech.'
    "

    "If the court permits that unprecedented step, the lawsuit argues, it would allow the executive branch
    to punish members of Congress for engaging in their duty of congressional oversight
    .
    Kelly asked the court 'to declare the censure letter, reopening determination,
    retirement grade determination proceedings, and related actions unlawful and unconstitutional;
    to vacate those actions; to enjoin their enforcement; and to preserve the status
    of a coequal Congress and an apolitical military.'"

    "The warning Kelly and the other five Democratic lawmakers offered to military personnel
    that they must refuse illegal orders took on renewed meaning this evening.
    Charlie Savage, Eric Schmitt, John Ismay, Julian E. Barnes, Riley Mellen, and Christiaan Triebert
    of the New York Times reported that when the U.S. military attacked a small boat
    apparently coming from Venezuela on September 2, 2025, the first such attack
    of what now number at least 35, it used a secret aircraft that had been disguised to look
    like a civilian plane.
    "

    "The journalists report that disguising a military aircraft to look like a civilian plane
    is a war crime called 'perfidy.'
    'Shielding your identity is an element of perfidy,'
    former deputy judge advocate general of the U.S. Air Force retired Major General Steven J. Lepper
    told the reporters. 'If the aircraft flying above is not identifiable as a combatant aircraft,
    it should not be engaged in combatant activity.'"

    https://heathercoxrichardson.substack.com/p/january-12-2026
  • JAN 13: HEATHER COX RICHARDSON
    Today, Democratic senator Mark Kelly of Arizona sued Defense Secretary Pete Hegseth, the Defense Department, Navy Secretary John Phelan, and the Navy Department for violating his First Amendment rights, the Speech and Debate Clause of the U.S. Constitution, the separation of powers, due process, the law that establishes ranks for retired commissioned officers (10 USC 1370), and the Administrative Procedure Act that establishes the ways in which agencies can make regulations.

    While this sounds complicated, at its heart it’s about the attempt of the Donald J. Trump administration to trample Congress and create a military loyal to Trump alone.

    Defense Secretary Hegseth came to his position from his job as a weekend host on the Fox News Channel. Before that, he served in the Army Reserve and the National Guard but, as Kelly and Senator Tammy Duckworth (D-IL) noted in a Military Times op-ed questioning Hegseth’s fitness for the position, he never rose to a command position and his “track record falls short of military standards.” He is the least-experienced defense secretary in U.S. history.

    His attack on Kelly, who is a retired Navy officer and astronaut, began after Kelly and five other Democrats in Congress—Senator Elissa Slotkin (D-MI), and Representatives Chris Deluzio (D-PA), Maggie Goodlander (D-NH), Chrissy Houlahan (D-PA), and Jason Crow (D-CO)—all of whom are veterans, released a video on November 18, 2025, in which they warned members of the military and the intelligence community that the administration was “pitting our uniformed military and intelligence community professionals against American citizens.”

    “Like us, you all swore an oath to protect and defend this Constitution,” the video continued. “Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home. Our laws are clear: You can refuse illegal orders; you must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant. But whether you’re serving in the CIA, the Army, our Navy, the Air Force, your vigilance is critical.”

    The lawmakers concluded: “Know that we have your back, because now, more than ever, the American people need you. We need you to stand up for our laws, our Constitution, and who we are as Americans.”

    The video simply reiterated the law, but White House deputy chief of staff Stephen Miller promptly posted on social media, “Democrat lawmakers are now openly calling for insurrection,” and by the next day, Trump was reposting comments that called for the lawmakers to be arrested, “thrown out of their offices,” “frog marched out of their homes at 3:00 AM with FOX News cameras filming the whole thing,” and “charged with sedition.” He reposted “Insurrection. TREASON!” and a message from a user who wrote: “HANG THEM GEORGE WASHINGTON WOULD!!”

    On November 24, the “Department of War” posted on social media that it was investigating Kelly, after “serious allegations of misconduct.” It suggested that Kelly could be recalled to active duty “for court-martial proceedings or administrative measures.”

    Over a photograph of the medals on his uniform, Kelly responded on social media: “When I was 22 years old, I commissioned as an Ensign in the United States Navy and swore an oath to the Constitution. I upheld that oath through flight school, multiple deployments on the USS Midway, 39 combat missions in Operation Desert Storm, test pilot school, four space shuttle flights at NASA, and every day since I retired—which I did after my wife Gabby was shot in the head while serving her constituents.

    “In combat, I had a missile blow up next to my jet and flew through anti-aircraft fire to drop bombs on enemy targets. At NASA, I launched on a rocket, commanded the space shuttle, and was part of the recovery mission that brought home the bodies of my astronaut classmates who died on Columbia. I did all of this in service to this country that I love and has given me so much.

    “Secretary Hegseth’s tweet is the first I heard of this. I also saw the President’s posts saying I should be arrested, hanged, and put to death.

    “If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
    Comment:   An administration led by a person who deliberately evaded military service has the outrageous insolence to prosecute a man of this stature. The current "president" of the United States and his carrion assistants are beneath contempt.

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