General Discussion

Sen. Mark Kelly (D-AZ) filed a lawsuit against Defense Secretary Pete Hegseth after he was threatened with demotion and a loss of retirement pay.

Last year, Hegseth threatened to court-martial Kelly after he participated in a video encouraging service members not to follow illegal orders. President Donald Trump responded to the video, suggesting Kelly's words were treasonous and could be punished by death.

Hegseth eventually backed down from the threat of a court-martial and said he would pursue a demotion instead. Kelly retired from the military with the rank of captain.

The lawsuit accuses Hegseth of violating the First Amendment, due process, the Speech & Debate Clause, and federal laws.

Kelly seeks judicial review over the process as well as "preliminarily and permanently enjoining Defendants, their agents, employees, appointees, successors, and anyone acting in concert or participation with Defendants from implementing, maintaining, or giving effect to Defendants' actions, including the Secretaryof Defense's determinations and threats of further criminal or administrative action."