Sen. Mark Kelly sues Defense Secretary over censure threatening his retirement pay, citing free speech rights.

Defense Secretary Pete Hegseth has been sued by Democratic Senator Mark Kelly of Arizona for allegedly violating his First Amendment rights and the speech and debate clause by threatening to demote him and lower his retirement benefits. Kelly and five other former military officials urged service members to disobey illegal orders in a video released in November. Kelly claims that this position is consistent with the Constitution and the Uniform Code of Military Justice. The lawsuit was submitted in Washington, D.C. The Pentagon's disciplinary procedure, which was started by a law permitting the recall of retired service members for punishment, is being contested in a federal court. The case, which could establish a precedent on free speech and executive overreach, has not received a response from the Department of Defense.