Democratic US senator Mark Kelly filed a lawsuit on Monday seeking to nullify the “chilling” attempt by the defense secretary, Pete Hegseth, to reduce the military veteran’s rank and pension as punishment for speaking out against the Trump administration.
Hegseth had previously issued a formal censure to Kelly, a decorated retired navy captain and Nasa astronaut, for alleged “seditious statements” he made urging service members to resist unlawful orders. It began a process that could lead to Kelly, a senator for Arizona since 2021, being demoted and having his pension cut.
The lawsuit, filed in Washington DC federal court, argues that comments made by Kelly and five other Democratic lawmakers – all military or intelligence veterans – in a short video to service members in November were protected free speech.
The 46-page court filing accuses Hegseth, the Department of Defense, the US navy, and John Phelan, the navy secretary, of “trampling” on constitutional protections “essential to legislative independence”. The filing said the defense secretary was attempting to dismantle the “bedrock principles of our democracy”, freedom of speech and the separation of powers.