By Megan Mineiro | The New York Times
Senator Mark Kelly, Democrat of Arizona, on Monday sued Defense Secretary Pete Hegseth and the Pentagon over a move to punish him for a video he released with other lawmakers reminding military members that they must not follow illegal orders.
The Defense Department said last week that it was taking administrative action against Mr. Kelly, a retired Navy captain and astronaut who is serving his first full term in the Senate, that could reduce his retirement rank and military pension.
Mr. Hegseth has accused the senator, who is regarded as a potential 2028 presidential contender, of sedition and treason for posting a video along with five other Democratic lawmakers in which he did not name any specific order but said: “Our laws are clear. You can refuse illegal orders.”
The lawsuit filed in Washington asked a federal judge to block the Pentagon’s efforts to punish Mr. Kelly and find them “unlawful and unconstitutional.”
“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” the complaint stated. “That prohibition applies with particular force to legislators speaking on matters of public policy.”
The Defense Department declined to comment on the ongoing litigation.
