Sen. Mark Kelly sues Pentagon and Pete Hegseth over efforts to demote military retirement rank

(KYMA, NBC) - Sen. Mark Kelly (D-Ariz.) has filed a lawsuit against the Pentagon and Defense Secretary Pete Hegseth Monday.

According to NBC News, this is in response to Secretary Hegseth issuing a Letter of Censure to Sen. Kelly last week to demote his retirement rank and pay in response to his role in a video calling on troops to resist unlawful orders as outlined in the U.S. Constitution.

The lawsuit says Hegseth's actions violate the senator's First Amendment rights, as well as the Speech and Debate clause in the Constitution, granting lawmakers immunity for official acts, according to NBC News.

Kelly issued the following statement explaining why he filed the lawsuit:

"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. 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 Defense doesn't like, you will be censured, threatened with demotion, or even prosecuted.  

Every servicemember knows military rank is earned, not given. It's earned through the risks you take, the sacrifices you and your family make, the leadership you display, and the respect you earn from the superiors who recommend you for promotion. 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.  

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.   

In 1986, at just 22 years old, I took an oath to protect and defend the Constitution. I have fulfilled that oath every day since, but I never expected that I would have to defend it against a Secretary of Defense or President. But I've never shied away from a fight for our country, and I won't shy away from this one. Because our freedom of speech, the separation of powers, and due process are not just words on a page, they are bedrock principles of our democracy that has lasted 250 years and will last 250 more as long as patriotic Americans are willing to stand up for our rights.  

So today, I filed a lawsuit against the Secretary of Defense because there are few things as important as standing up for the rights of the very Americans who fought to defend our freedoms."

Hegseth and the Pentagon has yet to respond.

Last year, the Pentagon announced an investigation into Kelly's participation in the video, and Kelly said that the investigation was part of an effort to silence dissent within the military.

To learn more about the lawsuit, click here.