Mark Kelly sues Pentagon, accuses admin. of unconstitutional retaliation

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00:00A major legal and political fight is now headed to federal court.

00:06Democratic Senator Mark Kelly is suing Defense Secretary Pete Hegseth,

00:11accusing the Pentagon of unconstitutional retaliation over a video

00:15in which Kelly and other lawmakers urged service members to refuse illegal orders.

00:20In the lawsuit filed Monday, Kelly argues the administration is trying to punish him for protected speech,

00:26a move his attorneys say would upend the balance of power between Congress and the executive branch.

00:32They write,

00:33The case stems from a Democratic video posted last fall,

00:48as the Trump administration expanded military operations in big cities,

00:52reminding troops they are not required to follow unlawful orders.

00:56Defense Secretary Pete Hegseth responded by formally censuring Kelly

01:00and launching a review that could downgrade his retired military rank and reduce his pension,

01:06calling the senator's conduct reckless and damaging to the chain of command.

01:10President Trump added to the rhetoric, labeling the video seditious behavior,

01:15language Kelly's lawyers now cite as evidence the punishment was predetermined.

01:19Kelly, a retired Navy captain, says the move sends a dangerous message far beyond him.

01:24He's asking a federal judge to block the Pentagon from moving forward,

01:29arguing that no member of Congress has ever been subjected to military punishment for political speech.

01:34In a statement, the Pentagon tells Straight Arrow News,

01:37We are aware of the litigation.

01:39However, as a matter of policy, the department does not comment on ongoing litigation.

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