. “To ensure this action, the Secretary of War has also issued a formal Letter of Censure, which outlines the totality of Captain (for now) Kelly’s reckless misconduct. This Censure is a necessary process step, and will be placed in Captain Kelly’s official and permanent military personnel file.”

(In September, President Trump issued an executive order rebranding the Department of Defense as the Department of War, but the formerremains its official name.)

Kelly has defended himself against such accusations and actions at every step, and his newly filed lawsuit takes the fight to a new level.

“Every servicemember knows military rank is earned, not given. It’s earned through the risks you take, the sacrifices you and your family make, the leadership you display, and the respect you earn from the superiors who recommend you for promotion,” Kelly wrote in today’s X post.

“Now, Pete Hegseth wants our longest-serving military veterans to live with the constant threat that they could be deprived of their rank and pay years or even decades after they leave the military just because he or another Secretary of Defense doesn’t like what they’ve said. That’s not the way things work in the United States of America, and I won’t stand for it,” he added.

The lawsuitwhich was filed today in Washington, D.C., argues that the censure letter, retirement grade determination process and related actions are “unlawful and unconstitutional” for a variety of reasons.

“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech. That prohibition applies with particular force to legislators speaking on matters of public policy,” it reads. “The Secretary’s letter makes clear on its face that he is disciplining Senator Kelly solely for the content and viewpoint of his political speech.”