US Senator Mark Kelly sues Pete Hegseth over post-retirement demotion
A US senator and veteran is suing Defence Secretary Pete Hegseth over his efforts to demote him post-retirement.
Hegseth announced last week the Pentagon would reduce Mark Kelly's retirement rank and pension over a video the now-senator appeared in in October.
But overnight, Kelly filed suit to stop his demotion.
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Mark Kelly represents the state of Arizona in the Senate. AP
The Pentagon took action against the senator over a video where he and other Democratic veterans urged serving military members to disobey illegal orders.
"Our laws are clear. You can refuse illegal orders," Kelly said in the video.
Hegseth said the retired Navy captain's remarks were "conduct unbecoming an officer".
"Captain Kelly's status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action," he said.
Kelly's lawsuit claims that there is no precedent for a sitting member of Congress to face military sanctions for political speech.
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Pete Hegseth demoted Mark Kelly over a video urging military members not to obey illegal orders. AP
"Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him—and this or any administration—accountable," Kelly said in a statement.
"His 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 Defence doesn't like, you will be censured, threatened with demotion, or even prosecuted."
After the video was released, President Donald Trump wrote on Truth Social it was "SEDITIOUS BEHAVIOUR, punishable by DEATH!"
"Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL," he said.
"Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???"
READ MORE: The remarkable life of Mark Kelly, from astronaut to politics
Mark Kelly was a combat pilot before becoming an astronaut and then a senator. Mark Kelly
As a naval aviator, Kelly flew 39 combat missions during Operation Desert Storm before becoming an astronaut.
His wife, then-Congresswoman Gabby Giffords, was profoundly injured in a mass shooting in 2011.
In 2020, he was elected to the Senate in the state of Arizona as a Democrat.
He is considered a possible candidate for the presidency in 2028.
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Gabrielle Giffords with her husband Mark Kelly Supplied
"In 1986, at just 22 years old, I took an oath to protect and defend the Constitution," Kelly said in his statement.
"I have fulfilled that oath every day since, but I never expected that I would have to defend it against a Secretary of Defence or President."
The Pentagon declined to comment on the litigation.
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