Overview
- Kelly filed suit in federal court in Washington seeking an injunction and a declaration that the censure and any disciplinary proceedings are illegal and unconstitutional, naming Defense Secretary Pete Hegseth, the Pentagon, Navy Secretary John Phelan, and the Navy.
- Hegseth announced on Jan. 5 that he had formally censured Kelly, describing the letter as a step that could lead to demotion of Kelly’s retired Navy rank and reduction of his pension.
- The dispute traces to a November video in which Kelly and five other Democratic lawmakers urged troops to defend the Constitution and refuse illegal orders, prompting a Pentagon investigation in late November citing recall authority over retired service members.
- Kelly argues the actions punish protected speech and constitute retaliation, while Hegseth has said Kelly is uniquely subject to Pentagon jurisdiction because he formally retired from the Navy.
- The case was assigned to U.S. District Judge Richard Leon, and the political context sharpened after President Donald Trump labeled the lawmakers’ conduct “sedition” and wrote it was “punishable by DEATH” in a social media post.