WASHINGTON, Jan 12 (Reuters) – U.S. Senator Mark Kelly sued U.S. Defense Secretary Pete Hegseth on Monday, saying Pentagon proceedings to demote the Arizona Democrat from his retired Navy captain rank violated Kelly’s free speech rights because he urged troops to reject unlawful orders.<\/p>\n\n\n\n
Kelly, a retired Navy captain and former astronaut, said in his lawsuit, opens new tab<\/u><\/a> in federal court in Washington that the Defense Department\u2019s actions were retaliatory and violated the U.S. Constitution\u2019s First Amendment protection of free speech.<\/p>\n\n\n\n The lawsuit asked the court to block Hegseth’s review and declare his actions unlawful. U.S. District Judge Richard Leon set a hearing for Thursday on Kelly’s request for a temporary restraining order.<\/p>\n\n\n\n A Pentagon representative in a statement said it was aware of Kelly’s lawsuit but does not comment on pending litigation.<\/p>\n\n\n\n In November, Hegseth blasted Kelly for appearing in a video that reminded service members of their duty to reject unlawful orders. In the clip, Kelly stated: \u201cOur laws are clear: you can refuse illegal orders.\u201d<\/p>\n\n\n\n Kelly\u2019s remarks came as more Democrats were criticizing Republican President Donald Trump\u2019s decisions to deploy the National Guard in U.S. cities and authorize lethal strikes on boats suspected of smuggling drugs from Latin America.<\/p>\n\n\n\n Hegseth issued a censure letter<\/u><\/a> on January 5 accusing Kelly of \u201cconduct unbecoming an officer.\u201d The letter cited Kelly\u2019s public criticism of military leadership and the November video.<\/p>\n\n\n\n In a statement on Monday, Kelly said Hegseth’s “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\u2019t like, you will be censured, threatened with demotion, or even prosecuted.\u201d<\/p>\n\n\n\n Hegseth\u2019s censure of Kelly followed a sweeping shakeup<\/u><\/a> at the Pentagon during Trump\u2019s second term. Several top military leaders were removed, including the chairman of the Joint Chiefs of Staff, the Navy\u2019s top officer, and the director of the National Security Agency.<\/p>\n\n\n\n