Overview
- Kelly filed a 46-page suit in U.S. District Court in Washington, D.C., naming Defense Secretary Pete Hegseth, the Defense Department, the Navy, and Navy Secretary John Phelan, and seeks to halt a censure and any retirement-grade or pay reduction.
- Hegseth issued a formal censure on Jan. 5 and initiated proceedings under 10 U.S.C. § 1370(f) that could lower Kelly’s retired rank and pension, with the censure to be placed in his permanent military file.
- The lawsuit argues the actions are unconstitutional retaliation for protected speech and invokes the First Amendment and the Constitution’s Speech or Debate Clause.
- The dispute stems from a Nov. 18 video in which Kelly and five other lawmakers told service members they can refuse illegal orders, with Kelly the only participant who is a retired officer subject to the UCMJ.
- Legal experts note the statute has historically been applied to conduct while on active duty, and Kelly faces set timelines to respond as the Navy secretary prepares a recommendation for Hegseth.