Hegseth said last week that the Pentagon was taking steps to downgrade Kelly’s military retirement rank and pay after the senator urged service members not to follow illegal orders.
Sen. Mark Kelly sues Defense Secretary Pete Hegseth over efforts to reduce his military retirement rank
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https://www.nbcnews.com/politics/politics-news/sen-mark-kelly-sues-defense-secretary-pete-hegseth-efforts-reduce-mili-rcna253658
Sen. Mark Kelly, D-Ariz., filed a lawsuit Monday against Defense Secretary Pete Hegseth and the Pentagon, charging their effort to censure and demote him is "unlawful and unconstitutional."
Hegseth said last week that the Pentagon was taking steps to downgrade Kelly’s military retirement rank and pay because of his “seditious statements” — a reference to a video he and other retired service members released that urged members of the military not to comply with illegal orders.
The suit charges Hegseth's actions violate Kelly's First Amendment rights, as well as the Speech and Debate clause of the Constitution, which grants immunity to lawmakers for official acts.
"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," says the suit, which seeks a court order declaring Hegseth's actions to be unlawful.
“Allowing Defendants to punish a Senator through military proceedings for his political speech erodes the separation of powers and gives the Executive a power over legislators that the Constitution does not contemplate,” the filing says......
"And by that logic, a 100-year-old World War II veteran could be hauled in and censured or court-martialed because he says something that Pete Hegseth disagrees with," he added.
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