Defense Secretary Pete Hegseth’s bid to censure Sen. Mark Kelly (D-Ariz.), a retired Navy captain, for encouraging service members to withstand illegal orders is nothing greater than “punitive retribution,” in keeping with a lawsuit filed by Kelly on Monday.
In November, Kelly and a handful of different lawmakers appeared in a brief video shared on social media that urged U.S. service members and members of intelligence companies to uphold their oaths to the Constitution within the face of “enormous stress and pressure.” The lawmakers additionally inspired them to defy any “illegal orders” as a part of that oath.
The backlash was swift, with President Donald Trump calling the video seditious and suggesting its suggestions have been “punishable by death.” Hegseth issued a letter to censure Kelly final week, saying the “reckless and seditious video” was “clearly intended to undermine good order and military discipline.”
“This conduct was seditious in nature and violated Articles 133 and 134 of the Uniform Code of Military Justice, to which Captain Kelly remains subject as a retired officer receiving pay,” Hegseth declared.
Hegseth mentioned he had “initiated” proceedings that would end in a discount of Kelly’s retirement pay and {that a} choice can be made inside 45 days.
In an announcement Monday, Kelly mentioned the self-proclaimed “Secretary of War” 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.”
In the lawsuit, Kelly’s legal professionals identified that when Hegseth mentioned Kelly can be censured, he additionally threatened him with prison prosecution if he continued to make comparable statements going ahead.
“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” Kelly’s legal professionals wrote Monday.
“It appears that never in our nation’s history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech,” they added.
Letting that “unprecedented step here would invert the constitutional structure by subordinating the Legislative Branch to executive discipline and chilling congressional oversight of the armed forces,” the lawsuit states.
The remarks within the video — Kelly additionally appeared with Sen. Elissa Slotkin (D-Mich.), Rep. Chrissy Houlahan (D-Pa.), Rep. Chris Deluzio (D-Pa.), Rep. Maggie Goodlander (D-N.H.) and Rep. Jason Crow (D-Colo.) — have been easy.
“Our laws are clear: You can refuse illegal orders. You can refuse illegal orders. You must refuse illegal orders,” they mentioned. “No one has to carry out orders that violate the law or our Constitution.”
No particular directive was given within the message.
Kelly desires the courtroom to problem an order stopping Hegseth from lowering his retirement pay and to declare his actions have been unlawful.
“From the moment I drove through the gates of Naval Air Station Pensacola, to when I was shot at over Iraq and Kuwait, to when I landed Space Shuttle Endeavour on its last mission, I gave everything I had to this country and I earned my rank of Captain, United States Navy,” Kelly mentioned in an announcement issued Monday. “Now, Pete Hegseth wants our longest-serving military veterans to live with the constant threat that they could be deprived of their rank and pay years or even decades after they leave the military just because he or another Secretary of Defense doesn’t like what they’ve said. That’s not the way things work in the United States of America, and I won’t stand for it.”
A spokesperson for the Defense Department advised HuffPost Monday: “We are aware of the litigation. However, as a matter of policy, the Department does not comment on ongoing litigation.”
https://www.huffpost.com/entry/mark-kelly-sues-pete-hegseth-over-censure_n_69654521e4b0f5f77ec84a3f