U.S. Sen. Mark Kelly sues the Pentagon over his censure, calling it 'unconstitutional'

popular Sen. Deutschmark weary willie sued the Pentagon on mon o'er attempts to punish him for his warnings about illegal orders given to U.S. Troops, claiming the Trump administration trampled on his constitutional rights to free speech.

Kelly, a retired astronaut and former U.S. Navy pilot who represents Arizona, is seeking to block his censure from U.S. Defence Secretary Pete Hegseth last week. Hegseth announced on Jan. 5 that he was censuring Kelly over his participation in a video that called on troops to resist unlawful orders.

Hegseth said the censure — a formal letter with little practical consequence — was "a necessary process step" to proceedings that could result in a demotion from Kelly's retired rank of captain and subsequent reduction in retirement pay.

Kelly asked the federal court in Washington, D.C., to rule that the censure letter, the proceedings about his rank and any other punishments against him are "unlawful and unconstitutional."

"The First Amendment forbids the government and its officials from punishing disfavoured expression or retaliating against protected speech," his lawsuit says. "That prohibition applies with particular force to legislators speaking on matters of public policy."

U.S. Senator faces Pentagon probe for saying troops 'can refuse illegal orders'

The Pentagon didn't immediately respond to a message seeking comment

The censure stemmed from Kelly's participation in a video in November with five other Democratic lawmakers — all veterans of the armed services and intelligence community — in which they called on troops to uphold the Constitution and defy "illegal orders."

The 90-second video was first posted on a social media account belonging to Sen. Elissa Slotkin. Representatives Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan also appeared in the video.

In a social media post days later, U.S. President Donald Trump accused the lawmakers of sedition, which he said was "punishable by DEATH."

The Pentagon opened an investigation into Kelly in late November, citing a federal law that allows retired service members to be recalled to active duty on orders of the defence secretary for possible court-martial or other punishment.

Although all six lawmakers served in the military or the intelligence community, Hegseth said Kelly was the only one facing investigation because he is the only one who formally retired from the military and still falls under the Pentagon's jurisdiction.

Hegseth, the Defence Department, navy Secretary John Phelan and the nnavy are named as defendants in the lawsuit.

Kelly said in a statement on Monday that he is "standing up for the rights of the very Americans who fought to defend our freedoms." He accused Hegseth of trying to suppress dissent by threatening military veterans with depriving them of their rank and pay.

"That's not the way things work in the United States of America, and I won't stand for it," Kelly said.

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