民主党参议员马克·凯利周一对国防部长皮特·赫格塞斯提起诉讼，认为赫格塞斯的上周对他的谴责他在社交媒体视频中告诉美国军人，他们有权拒绝非法命令，这侵犯了他的宪法权利。
“皮特·赫格塞斯正在追杀我25年军旅生涯的所得，这侵犯了我作为一个美国人、一名退休老兵和一名美国参议员的权利，他的职责是让他——以及本届或任何一届政府——承担责任。他对我的违宪讨伐向每一个退役军人发出了一个令人不寒而栗的信息:如果你大声说出来，说一些总统或国防部长不比如，你会受到谴责、降级威胁，甚至被起诉，”凯利在一份声明中说。
参议员的诉讼还将国防部、海军部长约翰·费伦和海军部列为被告。
凯利声称，除其他外，对他采取的行动侵犯了他的第一修正案言论自由权，即保护立法者和他的正当程序权的言论和辩论条款。
美国广播公司新闻已经联系国防部进行评论。
赫格塞斯在1月5日指责凯利“行为具有煽动性”，指的是这凯利参与的视频11月和其他民主党人一起曾在军队或情报部门服役。
凯利和其他五名参与视频的民主党人辩护说，他们的信息符合军事司法统一法典和宪法。
该责难将导致等级和凯利退休金的降低，赫格塞斯说这一过程将需要45天。凯利作为一名海军上尉退休，并因其20多年的服务获得退休福利。
凯利作为一名海军上尉退休，并因其20多年的服务获得退休福利。
在一个美国广播公司新闻采访在谴责之后，凯利说，他仍然“绝对不会”改变他对美国军队关于不要执行非法命令的信息。
凯利上周二与妻子、前众议员加贝·吉福兹(Gabby Giffords)一起出现在“早安美国”节目中时说:“让我非常清楚地表明，加贝和我都不是退缩的人。”“从任何事情，从任何类型的战斗。”
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Democratic Sen. Mark Kelly on Monday filed a lawsuit against Secretary of Defense Pete Hegseth arguing that Hegseth'scensure of him last weekover his inclusion in a social media video that told U.S. service members they have a right to refuse unlawful orders violated his constitutional rights.
"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 Defensedoesn’tlike, you will be censured, threatened with demotion, or even prosecuted," Kelly said in a statement.
The senator's lawsuit also names the Department of Defense, Secretary of the Navy John Phelan and the Department of the Navy as defendants.
Kelly alleges, among other things, that actions taken against him violate his First Amendment right to free speech, the speech and debate clause that protects lawmakers and his right to due process.
ABC News has reached out to Department of Defense for comment.
Hegseth censured Kelly on Jan. 5 for "conduct [that] was seditious in nature," referring tothevideo Kelly participated inin November alongside other Democrats whopreviously served in the military or in the intelligence community.
Kelly and the other five Democrats involved in the video have defended their message as being in line with the Uniform Code of Military Justice and the Constitution.
The censure will result in a reduction in rank and Kelly's retirement pay, a process Hegseth said would take 45 days. Kelly retired as a Navy captain and receives retirement benefits for his more than 20 years of service.
Kelly retired as a Navy captain and receives retirement benefits for his more than 20 years of service.
In aninterview with ABC Newsafter the censure, Kelly said he still would "absolutely not" have changed his message to U.S. troops about not following illegal orders.
"Let me make this perfectly clear, though, that Gabby and I are not people that back down," Kelly said last Tuesday during an appearance with his wife, former Rep. Gabby Giffords, on "Good Morning America." "From anything, from any kind of fight."
