Overview
- The Arizona senator filed a 46-page federal complaint in Washington naming Defense Secretary Pete Hegseth, the Pentagon, the Navy and Navy Secretary John Phelan, and the case was assigned to Senior Judge Richard J. Leon.
- A hearing on Kelly’s request for a temporary restraining order is set for Thursday, as his lawyers move to pause Pentagon proceedings before administrative deadlines take effect.
- Hegseth issued a Secretarial Letter of Censure on Jan. 5 and initiated a rare 10 U.S.C. §1370(f) retirement-grade review, giving Kelly 30 days to respond and setting a 45-day decision timeline that could reduce his pension.
- Kelly’s suit argues the actions violate the First Amendment, the Speech or Debate Clause and separation of powers, and contends the retirement-grade statute has historically applied to on-duty misconduct, not post-retirement political speech.
- The dispute stems from a November video in which Kelly and other veterans told troops they can refuse unlawful orders; President Donald Trump labeled the message seditious and said the behavior was “punishable by DEATH,” while the Pentagon maintains Kelly remains subject to military justice as a retired, paid officer.