❓WHAT HAPPENED: Senator Mark Kelly (D-AZ) is suing the War Department and War Secretary Pete Hegseth over actions to demote him and cut his retirement pay.
👤WHO WAS INVOLVED: Sen. Mark Kelly, War Secretary Pete Hegseth, the Navy, the Department of War, and Navy Secretary John Phelan.
📍WHEN & WHERE: The lawsuit was filed in Washington, D.C., with recent actions stemming from a November video released by Kelly and fellow Democrats.
💬KEY QUOTE: “Six weeks ago, Senator Mark Kelly—and five other members of Congress—released a reckless and seditious video that was clearly intended to undermine good order and military discipline.” — Secretary of War Pete Hegseth
🎯IMPACT: The Department of War contends that Kelly’s current status as a U.S. senator does not exempt him from accountability.
U.S. Senator Mark Kelly (D-AZ) filed a federal lawsuit on Monday against the Department of War and War Secretary Pete Hegseth over action to demote him and cut his retirement pay after Kelly urged military service members to “refuse illegal orders” in a video with other Democratic lawmakers. Notably, neither Kelly—a retired U.S. Navy officer—nor his colleagues actually defined what would constitute an “illegal order,” spurring allegations that the video was intended to encourage unlawful dissent in the military.
Filed in Washington, D.C., the lawsuit names Sec. Hegseth, the Department of War, the U.S. Navy, and Navy Secretary John Phelan as defendants. Sen. Kelly claims these actions are politically motivated and tied to a feud with the Trump administration.
In November last year, Kelly joined five other Democratic lawmakers, dubbed the “Seditious Six,” in a video telling service members that they were obligated to refuse illegal orders. Following this, Hegseth issued a letter censuring Kelly, stating that his remarks undermined good order and discipline within the military.
“Six weeks ago, Senator Mark Kelly—and five other members of Congress—released a reckless and seditious video that was clearly intended to undermine good order and military discipline,” Hegseth said earlier this month, adding: “The Department of War—and the American people—expect justice.” The Department of War clarified that Kelly’s current status as a U.S. senator does not exempt him from accountability. Further violations could lead to additional actions.
Following the formal censure in early January, Kelly was given 30 days to respond, prompting the current lawsuit.
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