Breaking: Mark Kelly Sues Pete Hegseth

AP Photo/Ted Shaffrey

Senator Mark Kelly (D-AZ) took to social media Monday to announce he is suing the Department of War (DOW) and Secretary of War Pete Hegseth after the agency took action to demote Kelly, a retired Naval aviator, and cut his retirement pay. Hegseth and the DOW made these moves after sitting senator Kelly joined five of his fellow Democrats – now known as the "Seditious Six" – to make a video urging active duty servicemembers to disobey commands from their superiors if they thought those commands were unlawful.

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RedState's Bob Hoge reported last week on the moves taken by Hegseth and the War Department to punish Kelly following the senator's efforts to undermine the military's chain of command and disrupt morale.

Secretary of War Pete Hegseth said Sen. Mark Kelly, D-Ariz., will receive a formal censure letter and that he has directed Secretary of the Navy John Phelan to review the retired Navy captain's retirement rank and pay and provide a recommendation in 45 days, sharply escalating an investigation alleging he made "seditious statements" that undermined military operations...

The review could result in a downgrade of Kelly's rank at which he officially retired. As a result, his retirement pay, which is tied to rank, may also be reduced.

A censure letter will also be issued outlining the "totality of Captain Kelly’s reckless misconduct," Hegseth said.

Kelly's lawsuit – which names the DOW, Hegseth, and Navy Secretary John Phelan as defendants – seeks to reinstate what Kelly says he "earned through my twenty-five years of military service." Kelly claims Hegseth's actions are "in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him—and this or any administration—accountable."

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Before waxing poetically about his military career, Kelly blasted Hegseth for threatening veterans. "Pete Hegseth," wrote Kelly on X, "wants our longest-serving military veterans to live with the constant threat that they could be deprived of their rank and pay years or even decades after they leave the military just because he or another Secretary of Defense doesn’t like what they’ve said."

Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him—and this or any administration—accountable. His unconstitutional crusade against me sends a chilling message to every retired member of the military: if you speak out and say something that the President or Secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted.

Every servicemember knows military rank is earned, not given. It's earned through the risks you take, the sacrifices you and your family make, the leadership you display, and the respect you earn from the superiors who recommend you for promotion. From the moment I drove through the gates of Naval Air Station Pensacola, to when I was shot at over Iraq and Kuwait, to when I landed Space Shuttle Endeavour on its last mission, I gave everything I had to this country and I earned my rank of Captain, United States Navy.

Now, Pete Hegseth wants our longest-serving military veterans to live with the constant threat that they could be deprived of their rank and pay years or even decades after they leave the military just because he or another Secretary of Defense doesn’t like what they’ve said. That’s not the way things work in the United States of America, and I won’t stand for it.

In 1986, at just 22 years old, I took an oath to protect and defend the Constitution. I have fulfilled that oath every day since, but I never expected that I would have to defend it against a Secretary of Defense or President. But I’ve never shied away from a fight for our country, and I won’t shy away from this one. Because our freedom of speech, the separation of powers, and due process are not just words on a page, they are bedrock principles of our democracy that has lasted 250 years and will last 250 more as long as patriotic Americans are willing to stand up for our rights.

So today, I filed a lawsuit against the Secretary of Defense because there are few things as important as standing up for the rights of the very Americans who fought to defend our freedoms.

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This is a breaking story. RedState will provide updates as events warrant.

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