Overview
- Kelly filed a 46-page complaint in U.S. District Court naming Defense Secretary Pete Hegseth, the Department of Defense, the Department of the Navy, and Navy Secretary John Phelan.
- Hegseth issued a Secretarial Letter of Censure and initiated proceedings under 10 U.S.C. §1370(f) to reconsider Kelly’s retired grade and reduce his pension, while asserting the retired captain remains subject to the UCMJ.
- The lawsuit argues the actions violate the First Amendment, the Speech or Debate Clause, separation of powers, and due process, seeking a declaration that the censure and grade review are unlawful.
- The case was assigned to Senior Judge Richard J. Leon, and Kelly’s legal team requested emergency relief by Friday, Jan. 16, as Pentagon timelines set a 30‑day response window for Kelly and a 45‑day recommendation from the Navy secretary.
- Legal analysts question using §1370(f) for post‑retirement political speech, noting the statute has traditionally been applied to misconduct while on active duty.