Overview
- Kelly filed a 46-page lawsuit in U.S. District Court in Washington, D.C., naming Defense Secretary Pete Hegseth, Navy Secretary John Phelan, the Defense Department and the Navy, and seeking emergency relief by Jan. 16 to stop the actions.
- Hegseth last week issued a Secretarial Letter of Censure and directed a retirement‑grade determination under 10 U.S.C. §1370(f), a process that could reduce Kelly’s rank and pension, with a 30‑day response window and a 45‑day recommendation from the Navy.
- The complaint cites the First Amendment, the Constitution’s Speech or Debate Clause, separation of powers and due process, asking the court to declare the censure and grade proceedings unlawful.
- The Pentagon’s move followed a November video in which Kelly and five other lawmakers told service members they can refuse unlawful orders; President Trump denounced the message as “seditious behavior” and said it was “punishable by DEATH.”
- Military law experts quoted in coverage question applying §1370(f) to post‑retirement political speech, and a Pentagon official said the department was aware of the suit but declined detailed comment.