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LATEST NEWS: Senator Mark Kelly has filed a bombshell lawsuit against the Department of Defense and Pete Hegseth, accusing them of a lawless attempt to silence a sitting U.S. Senator. The explosive 7-count complaint alleges serious violations of the First Amendment, Due Process, and the Speech or Debate Clause—claims that could have far-reaching constitutional consequences. According to the filing, Hegseth had already prejudged the outcome of his so-called “investigation,” publicly labeling Kelly’s statements as “seditious” on social media before any formal administrative process had even begun. But what’s now sending shockwaves and quiet panic through the government is the one detail Kelly’s lawyers just revealed—an argument that could change everything and expose far more than anyone expected.

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In a significant escalation of tensions between a sitting U.S. Senator and the Trump administration, Arizona Democrat **Senator Mark Kelly** filed a federal civil lawsuit Monday against Defense Secretary **Pete Hegseth**, the Department of Defense, the Department of the Navy, and Navy Secretary John Phelan.

The **7-count complaint**, lodged in U.S. District Court in Washington, accuses the defendants of launching a “lawless” and retaliatory effort to punish Kelly for protected political speech.

Kelly, a retired Navy captain and former NASA astronaut, alleges violations of his **First Amendment** rights to free speech, **due process**, and the Constitution’s **Speech or Debate Clause**, which shields lawmakers from reprisal for legislative activities.

The dispute stems from a November video in which Kelly and five other Democratic lawmakers with military or intelligence backgrounds reminded U.S. service members of their legal duty to refuse unlawful orders—a standard principle in military training.

President Trump and Secretary Hegseth publicly branded the statements as “seditious” and “treasonous,” with Trump suggesting on social media that such behavior could be “punishable by death.”

Last week, Hegseth issued a formal **letter of censure** against Kelly, accusing him of undermining the chain of command and counseling disobedience.

 

The Pentagon initiated proceedings that could reduce Kelly’s retired rank from captain and cut his corresponding military pension, actions Kelly’s lawyers describe as unprecedented punishment for post-retirement political expression.

According to the filing, Hegseth had already prejudged the outcome, publicly labeling Kelly’s statements as “seditious” before any formal process began. The suit argues this deprived Kelly of due process and represents an executive overreach that threatens the separation of powers.

Kelly’s legal team emphasized a potentially game-changing detail: the executive branch has never before imposed military sanctions on a sitting Member of Congress for “disfavored political speech.”

They warn that allowing the actions to proceed would create a chilling effect, enabling future defense secretaries to punish retired veterans—or even lawmakers—for criticizing administration policies.

In a statement, Kelly declared: “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.”

The lawsuit seeks a court order declaring the censure and proceedings unlawful, blocking any demotion or pay reduction, and affirming protections for legislative oversight of the military.

The Pentagon has declined to comment on the pending litigation. A hearing on Kelly’s request for a temporary restraining order is expected soon.

This case could carry far-reaching constitutional implications, testing the boundaries of free speech, military discipline, and congressional immunity in an era of heightened political friction between the branches of government.

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