Senator Kelly is suing the Pentagon over the Trump administration’s attempts to punish him

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 US Navy pilot who represents Arizona, is seeking to block his criticism from Defense Secretary Pete Hegseth last week. Hegseth announced on January 5 that he had censured Kelly for participating in a video calling on troops to resist illegal orders.

He watches: “I will not be silenced.” Senator Kelly condemns “bullying” by Trump and Hegseth

Hegseth said the censure – itself merely formal rhetoric with few practical consequences – was a “necessary practical step” for actions that could lead to the retiring Kelly being demoted as commander and a subsequent reduction in retirement pay.

Kelly asked the federal court in Washington, D.C., to rule that the letter of censure, the actions related to his rank, and any other sanctions against him were “unlawful and unconstitutional.”

“The First Amendment prohibits the government and its officials from punishing unwelcome expression or retaliating for protected expression,” his lawsuit says. “This prohibition applies with particular force to lawmakers speaking on matters of public policy.”

The Pentagon did not immediately respond to a message seeking comment.

The case was referred to US District Judge Leon, who was nominated by Republican President George W. Bush to serve on the court.

Read more: The FBI is seeking interviews with Democrats who appeared in a video urging troops to defy illegal orders

The legal action by a U.S. senator to sue the defense secretary is rare, if not contradictory, and is the latest effort by members of Congress to strike back at what they see as out-of-control executive power.

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 respect the Constitution and not follow the Trump administration’s military directives if they are illegal.

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

Kelly and other lawmakers have not backed down from their video, which was released as the Pentagon began bombing suspected drug smuggling boats in waters near Venezuela.

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

He watches: The Pentagon watchdog concluded that Hegseth’s Signal chat put US personnel at risk

The Pentagon opened an investigation into Kelly in late November, citing a federal law that allows retired service members to be recalled to active duty on orders from the Secretary of Defense for possible court-martial or other punishment.

Although all six lawmakers served in the military or intelligence community, Hegseth said Kelly was the only one facing investigation because he is the only one who has officially retired from the military and remains under the Pentagon’s jurisdiction.

Hegseth, the Department of Defense, Secretary of the Navy John Phelan, and the Navy are named as defendants in the lawsuit. The Pentagon did not immediately respond to a message seeking comment.

Kelly said in a statement on Monday that he “defends the rights of Americans who have fought to defend our freedoms.” Hegseth was accused of trying to suppress dissent by threatening military veterans by depriving them of their ranks and salaries.

“This is not the way things work in the United States of America, and I will not stand for it,” Kelly said.

Associated Press writer Ben Finley and congressional correspondent Lisa Mascaro contributed to this report.