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Sen. Kelly sues the Pentagon over attempts to punish him, declaring it unconstitutional

WASHINGTON (AP) — Democratic Sen. Mark Kelly sued the Pentagon on Monday over attempts to punish him for his warnings about illegal orders, claiming the Trump administration trampled on his constitutional rights to free speech.

Kelly, a former U.S. Navy pilot who represents Arizona, is seeking to block his censure last week from Defense Secretary Pete Hegseth, who said he censured Kelly over his participation in a video that called on troops to resist unlawful orders.

Hegseth said the Jan. 5 censure — by itself simply 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 disfavored 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. District Judge Leon, who was nominated to the bench by Republican President George W. Bush, scheduled a hearing on Thursday in Washington, D.C., for Kelly’s request for a temporary restraining order.

The legal action of a sitting U.S. senator suing the defense secretary is rare, if not jarring, and the latest effort from members of Congress to push back against what they see as an out-of-control executive branch.

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 not to follow the Trump administration’s military directives if they were unlawful.

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

Republican President Donald Trump accused the lawmakers of sedition “punishable by DEATH” in a social media post days later.

Kelly and the other lawmakers have not backed down from their video, which was released as the Pentagon began attacking suspected drug-smuggling boats in the waters near Venezuela. The attacks have now killed at least 115 people.

The Pentagon opened an investigation of Kelly in late November, citing a federal law that allows retired service members to be recalled to active duty on orders of the defense 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 Defense Department, Navy Secretary John Phelan and the Navy are named as defendants in the lawsuit. The Pentagon said in a statement it was aware of the lawsuit, but “as a matter of policy, the Department does not comment on ongoing litigation.”

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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Associated Press writer Ben Finley and Congressional Correspondent Lisa Mascaro contributed to this report.

McConnell says after weeks of speculation that hospitalization was due to a fall

By WTOP Staff
(CNN) — Republican Sen. Mitch McConnell of Kentucky on Sunday announced, after weeks of speculation, that he had a fall last month that landed him in the hospital.“My doctors have confirmed that I didn’t break any bones or suffer a concussion. I didn’t have a heart attack or a stroke. I don’t have any tumors or hemorrhages. But I was briefly unconscious and was taken to the hospital. While receiving excellent care over the past several weeks, I’ve also had to deal with a mild case of pneumonia,” he said in a statement.McConnell also provided a photo showing him smiling next to his wife, Elaine Chao. He appears to have a copy of Sunday’s Washington Post sports section on his lap.McConnell said he’s moved from a hospital to a rehabilitation center to continue regaining his strength. His doctors have run through “every test they can think of” to try to determine what caused the incident.The former Senate majority leader said he “won’t be able to return to the Senate floor to vote quite yet” but he’s “been working closely” with legislative staff in the meantime.The statement comes after weeks of questions over McConnell’s health, as aides for the 84-year-old were fiercely protective about releasing information on his condition. The lack of information sparked speculation and rumors online that his health had significantly deteriorated.McConnell, a childhood polio survivor, has faced a series of health issues in recent years, including multiple falls. In 2023, he froze midsentence during a news conference.Along with his own statement, McConnell included a note from the attending physician of Congress, who described the injuries after the fall at his Washington, DC, home as “minor.”“A comprehensive evaluation by a multidisciplinary team determined that he had no fractures, cardiac abnormalities, stroke, tumor, or hemorrhage. Early in his hospitalization, he developed pneumonia, which responded rapidly to antibiotic treatment,” the physician said, adding that the senator has “focused on physical therapy and strategies to reduce his risk of future falls.”Sunday’s statement finally provides an answer to the circumstances of McConnell’s hospitalization on June 14, which has been shrouded in mystery.In his statement, McConnell indirectly addressed why it took so long to share what sent him to the hospital.“You all know how folks of my generation often hesitate to share the vulnerability that comes with growing older. Even in the public eye, I feel that same instinct — I can’t help it,” he said, addressing his “fellow Kentuckians.”McConnell said he has work to do before retiring at the end of his term.“You’re right to expect your representatives to work hard for you. And part of my decision to retire at the end of my term this coming January was being honest about the demands of Senate work. But I still have unfinished business to complete on your behalf, and I have every intention of finishing the job you elected me to do,” he said.When the incident occurred, his spokesperson said only that McConnell was “admitted to the hospital” and was “receiving excellent care.”Video obtained exclusively by CNN last week showed emergency responders taking McConnell to an ambulance on a stretcher after being called to his home.Weeks into McConnell’s absence, an EMS recording published by an independent journalist indicated emergency responders were called to his home for an “unconscious” person for a “cardiac arrest,” and a paramedic is heard saying, “CPR in progress.”After the audio was published, McConnell’s spokesman released another statement saying the Kentucky Republican remained hospitalized as “he continues his recovery” without providing specifics.Some high-profile Republicans, including Senate Majority Leader John Thune, issued statements last week saying they recently spoke with McConnell. CNN senior political commentator Scott Jennings told CNN’s Kasie Hunt on “The Arena” that he talked with McConnell on the phone Tuesday and that his “voice sounded strong.”“I’ve had more than my share of experience with physical vulnerabilities,” McConnell said in his statement Sunday.In March 2023, he suffered a concussion and broken ribs after a fall. Months later, he froze midsentence during a news conference. CNN later reported he had suffered two other falls earlier that year.The attending physician noted that “McConnell has experienced several falls throughout the year that have been attributed to his post-polio condition.”Adults who had polio during childhood can develop post-polio syndrome even decades later. Symptoms include gradual weakening of muscles, fatigue, and muscle and joint paint. There is no specific treatment for post-polio syndrome, but patients may receive physical, occupational and speech therapy, medications for certain symptoms or use mobility aids such as walkers and braces.It’s not clear how common post-polio syndrome is, but some studies estimate 25% to 40% of polio survivors experience it, according to the US Centers for Disease Control and Prevention.McConnell’s statement came the same day it was announced that his colleague Lindsey Graham, a longtime Republican senator from South Carolina, died following a sudden illness. He was 71.This story has been updated with additional information.The-CNN-Wire™ & © 2026 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.
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