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Sen. Mark Kelly sues Hegseth, Pentagon over attempt to demote him

Jan. 12 (UPI) — Sen. Mark Kelly, D-Ariz., filed a lawsuit Monday against Secretary of Defense Pete Hegseth and the Pentagon for trying to censure and demote him.

Kelly’s suit alleges that their efforts are “unlawful and unconstitutional.”

Last week, Hegseth announced that the Defense Department is reducing Kelly’s retirement pay over comments he made in November in a video telling service members that they have the right and duty to ignore “unlawful orders.”

Hegseth alleges that the video was “seditious.”

“Six weeks ago, Sen. Mark Kelly — and five other members of Congress — released a reckless and seditious video that was clearly intended to undermine good order and military discipline,” Hegseth said. “As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice.”

Last week, Hegseth said the Pentagon was working to downgrade Kelly’s military retirement rank and pay for the video.

The suit says that Hegseth is violating Kelly’s First Amendment rights and the Speech and Debate clause of the Constitution, which grants immunity to lawmakers for official acts.

“It appears that never in our nation’s history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech,” the suit said.

“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,” Kelly said in a statement on X. “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 Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted.”

Kelly said the actions of the Pentagon could affect any retired military personnel.

“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 said on X.

Five other Democratic lawmakers were in the video, but none of them retired from their service. They are: Reps. Maggie Goodlander of New Hampshire, Jason Crow of Colorado and Chris Deluzio and Chrissy Houlahan of Pennsylvania, along with Sen. Elissa Slotkin of Michigan.

Also named as defendants in the suit are Secretary of the Navy John Phelan and the Department of the Navy.

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Sen. Kelly sues the Pentagon over attempts to punish him for his warnings about illegal orders

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 from Defense Secretary Pete Hegseth last week. Hegseth announced on Jan. 5 that he censured Kelly over his participation in a video that called on troops to resist unlawful orders.

Hegseth said the 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.”

The Pentagon didn’t immediately respond to a message seeking comment

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 defy “illegal orders.”

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

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.

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.

Kunzelman writes for the Associated Press. AP writer Ben Finley contributed to this report.

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Sen. Lisa Murkowski calls for Congress to probe DOJ over Fed subpoenas

Jan. 12 (UPI) — Sen. Lisa Murkowski, R-Alaska, on Monday called on Congress to investigate the Department of Justice’s probe of Federal Reserve Chairman Jerome Powell, which she described as “an attempt at coercion” by President Donald Trump.

Powell revealed Sunday night he received a subpoena from the Justice Department threatening him with criminal charges over testimony he gave to Congress last year about the cost of renovating historic Federal Reserve buildings. He accused the Trump administration of using the testimony as a pretext to punish him and the Fed for failing to set federal interest rates based on Trump’s preferences.

In a statement Monday, Murkowski echoed Powell’s stance, saying the project cost overruns “are not unusual.”

“After speaking with Chair Powell this morning, it’s clear the administration’s investigation is nothing more than an attempt at coercion,” she said, calling for an investigation of the Justice Department.

“The stakes are too high to look the other way: If the Federal Reserve loses its independence, the stability of our markets and the broader economy will suffer.”

Murkowski said she supported Sen. Thom Tillis, R-N.C., who said Sunday that he would vote against confirming a new head of the Federal Reserve “until this legal matter is fully resolved.”

Trump has said he plans to replace Powell when his four-year term is up later this year. The president has repeatedly taken Powell to task for not cutting interest rates as frequently and by as much as he wants. Trump appointed Powell to his first four-year term in 2018, and former President Joe Biden renewed his position in 2022.

“If there were any remaining doubt whether advisers within the Trump administration are actively pushing to end the independence of the Federal Reserve, there should now be none,” Tillis said in a statement. “It is now the independence and credibility of the Department of Justice that are in question.

In an appearance on NBC News on Sunday, Trump said he has no knowledge of the Justice Department’s plans to investigate the Federal Reserve.

“I don’t know anything about it, but he’s certainly not very good at the Fed, and he’s not very good at building buildings,” Trump said of Powell.

Trump threatened to sue Powell in August over the the planned renovations, citing the “horrible and grossly incompetent job he has done in managing the construction of the Fed Buildings.” The president said the cost of the renovations exceeded $3 billion, but all the project needed was a “$50 million dollar fix up.”

During a tour of the renovations in July, Powell disputed Trump’s claims that the project exceeded $3 billion, saying the estimate was closer to $2.5 billion.

Trump told NBC News that the Justice Department’s probe isn’t related to benchmark interest rates.

“No. I wouldn’t even think of doing it that way. What should pressure him is the fact that rates are far too high. That’s the only pressure he’s got,” Trump said of Powell.

“He’s hurt a lot of people. I think the public is pressuring him.”

Activist Riley Gaines feeds her baby on stage at a “Policy Celebration” at the U.S. Department of Health and Human Services Headquarters in Washington on Thursday. Photo by Annabelle Gordon/UPI | License Photo

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Hegseth censures Sen. Kelly after warning about following illegal orders

Defense Secretary Pete Hegseth on Monday announced that he is issuing a letter of censure to Democratic Sen. Mark Kelly of Arizona over the lawmaker’s participation in a video that called on troops to resist unlawful orders.

Hegseth said that the censure was “a necessary process step” to proceedings that could result in a demotion from Kelly’s retired rank of captain in the U.S. Navy.

The move comes more than a month after Kelly participated in a video with five other Democratic lawmakers in which they called on troops to defy “illegal orders.” President Donald Trump accused the lawmakers of sedition “punishable by DEATH” in a social media post days later.

In November, Kelly and the other lawmakers — all veterans of the armed services and intelligence community — called on U.S. military members to uphold the Constitution and defy “illegal orders.”

The 90-second video was first posted from Sen. Elissa Slotkin’s X account. In it, the six lawmakers — Slotkin, Kelly and Reps. Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan — speak directly to U.S. service members, whom Slotkin acknowledges are “under enormous stress and pressure right now.”

Afterward, Trump accused them of sedition “punishable by DEATH,” reposting messages from others about the video and amplifying it with his own words.

Kelly, along with some of the other Democrats in the initial video, have sent out fundraising messages based off the Republican president’s reaction to their comments, efforts that have gone toward filling their own campaign coffers and further elevating their national-level profiles.

Toropin writes for the Associated Press.

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Republican former Sen. Jon Kyl of Arizona says he has dementia

Republican former U.S. Sen. Jon Kyl of Arizona on Tuesday announced his withdrawal from public life after a dementia diagnosis.

Kyl, 83, represented Arizona in both chambers of Congress for nearly three decades. Most of those years were in the Senate, including a term as minority whip.

“My family and I now head down a path filled with moments of joy and increasing difficulties,” Kyl said in a statement. “I am grateful beyond expression for their love and support, in these coming days as in all the days of my life. Despite this diagnosis, I remain a very fortunate man.”

Kyl left the Senate in 2013 and joined the lobbying firm Covington and Burling. In 2018 he was appointed by then-Gov. Doug Ducey, a fellow Republican, to fill the vacancy after the death of Sen. John McCain. Kyl served several months before rejoining the lobbying firm.

Kyl leveraged his expertise on water policy in Congress to gain approval of tribal water rights settlements, said Sarah Porter of Arizona State University. He was an “important participant” in negotiations that created the state’s water rules, said Porter, director of the university’s Kyl Center for Water Policy that is named after the former senator.

As a lobbyist, Kyl helped guide the confirmation of U.S. Supreme Court Justice Brett M. Kavanaugh.

Govindarao writes for the Associated Press.

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Former U.S. Sen. Ben Nighthorse Campbell, of Colorado, dies at 92

Ben Nighthorse Campbell, the former senator and U.S. representative of Colorado known for his passionate advocacy of Native American issues, died Tuesday. He was 92.

Campbell died of natural causes surrounded by his family, his daughter, Shanan Campbell, confirmed to the Associated Press.

Campbell, a Democrat who stunned his party by joining the Republican Party, stood out in Congress as much for his unconventional dress — cowboy boots, bolo ties and ponytail — as his defense of children’s rights, organized labor and fiscal conservatism.

A member of the Northern Cheyenne tribe, Campbell said his ancestors were among more than 150 Native Americans, mostly women, children and elderly men, killed by U.S. soldiers while camped under a flag of truce on Nov. 29, 1864.

He served three terms in the House, starting in 1987. He then served two terms in the Senate, from 1993 to 2005.

Among his accomplishments was helping sponsor legislation upgrading the Great Sand Dunes National Monument in southern Colorado to a national park.

“He was a master jeweler with a reputation far beyond the boundaries of Colorado,” said Colorado Sen. John Hickenlooper on X. “I will not forget his acts of kindness. He will be sorely missed.”

Campbell was seen as a maverick

The motorcycle-riding lawmaker and cattle rancher was considered a maverick even before he abruptly switched to the Republican Party in March 1995, angry with Democrats for killing a balanced-budget amendment in the Senate. His switch outraged Democratic leaders and was considered a coup for the GOP.

“I get hammered from the extremes,” he said shortly afterward. “I’m always willing to listen … but I just don’t think you can be all things to all people, no matter which party you’re in.”

Considered a shoo-in for a third Senate term, Campbell stunned supporters when he dropped out of the race in 2004 after a health scare.

“I thought it was a heart attack. It wasn’t,” said Campbell. “But when I was lying on that table in the hospital looking up at all those doctors’ faces, I decided then, ‘Do I really need to do this six more years after I’ve been gone so much from home?’ I have two children I didn’t get to see grow up, quite frankly.”

He retired to focus on the Native American jewelry that helped make him wealthy and was put on display at the Smithsonian Institution’s National Museum of the American Indian. He also worked on a line of outdoor gear with a California-based company, Kiva Designs, and became a senior policy adviser with the powerhouse law firm of Holland & Knight in Washington.

Campbell founded Ben Nighthorse Consultants which focused on federal policy, including Native American affairs and natural resources. The former senator also drove the Capitol Christmas Tree across the country to Washington, D.C., on several occasions.

“He was truly one of a kind, and I am thinking of his family in the wake of his loss,” said Colorado Rep. Diana DeGette on X.

An accidental politician

In 1982, Campbell was planning to deliver his jewelry to California, but bad weather grounded his plane. He was killing time in the southern Colorado city of Durango when he went to a county Democratic meeting and wound up giving a speech for a friend running for sheriff.

Democrats were looking for someone to challenge a GOP legislative candidate and sounded out Campbell during the meeting. “Like a fish, I was hooked,” he said.

His opponent, Don Whalen, was a popular former college president who “looked like he was out of a Brooks Brothers catalog,” Campbell recalled. “I don’t think anybody gave me any kind of a chance. … I just think I expended a whole lot of energy to prove them wrong.”

Campbell hit the streets, ripping town maps out of the Yellow Pages and walking door to door to talk with people. He recalled leaving a note at a house in Cortez, Colo., where no one was home when he heard a car roar into the driveway, gravel flying and brakes squealing.

The driver jumped out, tire iron in hand, and screamed that Campbell couldn’t have his furniture. “Aren’t you the repossession company?” the man asked.

“And I said, ‘No man, I’m just running for office.’ We got to talking, and I think the guy voted for me.”

Campbell went on to win and he never lost an election thereafter, moving from the Colorado House to the U.S. House and then the Senate.

Born April 13, 1933, in Auburn, Calif., Campbell served in the Air Force in Korea from 1951 to 1953 and received a bachelor’s degree from San Jose State University in 1957. He attended Meiji University in Tokyo from 1960 to 1964, was captain of the U.S. judo team in the 1964 Olympics and won a gold medal in the Pan American Games.

Campbell once called then-Interior Secretary Bruce Babbitt a “forked-tongued snake” for opposing a water project near the southern Colorado town of Ignacio, which Campbell promoted as a way to honor the water rights of the Southern Ute and Ute Mountain Ute tribes.

He clashed with environmentalists on everything from mining law and grazing reforms to setting aside land for national monuments.

Despite all this — or perhaps because of it — voters loved him. In 1998, Campbell won reelection to the Senate by routing Democrat Dottie Lamm, the wife of former Gov. Dick Lamm, despite his switch to the GOP. He was the only Native American in the Senate at the time.

Campbell insisted his principles didn’t change, only his party

He said he was criticized as a Democrat for voting with Republicans, and then pilloried by some newspapers for his stances after the switch.

“It didn’t change me. I didn’t change my voting record. For instance, I had a sterling voting record as a Democrat on labor. I still do as a Republican. And on minorities and women’s issues,” he said.

Campbell said his values — liberal on social issues, conservative on fiscal ones — were shaped by his life. Children’s causes were dear to him because he and his sister spent time in an orphanage when his father was in jail and his mother had tuberculosis.

Organized labor won his backing because hooking up with the Teamsters and learning to drive a truck got him out of the California tomato fields. His time as a Sacramento County sheriff’s deputy in California in the late 1960s and early ’70s made him a law enforcement advocate.

His decision to retire from politics, Campbell said, had nothing to do with allegations that Ginnie Kontnik, his former chief of staff, solicited kickbacks from another staffer and that his office lobbied for a contract for a technology company with ties to the former senator.

He referred both matters to the Senate Ethics Committee. In 2007, Kontnik pleaded guilty to a federal charge of not reporting $2,000 in income.

“I guess there was some disappointment” with those charges, Campbell said. “But a lot of things happen in Washington that disappoint you. You just have to get over them because every day there’s a new crisis to deal with.”

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GOP Sen. Ben Sasse rips Trump over COVID-19, foreign policy

Republican Sen. Ben Sasse told Nebraska constituents in a telephone town hall meeting that President Trump has “flirted with white supremacists,” mocks Christian evangelicals in private and “kisses dictators’ butts.”

Sasse, who is running for a second term representing the reliably red state, made the comments in response to a question about why he has been willing to publicly criticize a president of his own party. He also criticized Trump’s handling of the coronavirus crisis and said Trump’s family has treated the presidency “like a business opportunity.”

The comments were first reported by the Washington Examiner after it obtained an audio recording of the senator’s comments, which has been posted on YouTube. Sasse spokesman James Wegmann said the call occurred Wednesday.

Other Nebraska Republicans, including U.S. Rep. Dan Bacon and state GOP executive director Ryan Hamilton, told the Omaha World-Herald that they disagree with Sasse’s characterizations of the president.

“Sen. Sasse is entitled to his own opinion,” U.S. Rep. Adrian Smith, another Nebraska Republican, said in a statement. “I appreciate what President Trump has accomplished for our country and will continue to work with him on efforts which help Nebraska.”

Trump campaign spokesman Tim Murtaugh declined to comment on Sasse’s remarks, the World-Herald said.

Sasse has positioned himself as a conservative willing to criticize Trump at times, and he is seen as a potential presidential candidate for 2024. His comments Wednesday were in response to a caller who asked about his relationship with the president, adding, “Why do you have to criticize him so much?” Trump carried Nebraska by 25 percentage points in 2016.

The senator said he has worked hard to have a good relationship with Trump and prays for the president regularly “at the breakfast table in our house.” He praised Trump’s judicial appointments.

But he said he’s had disagreements with Trump that do not involve “mere policy issues,” adding, “I’m not at all apologetic for having fought for my values against his in places where I think his are deficient, not just for a Republican, but for an American.”

Sasse began his list with, “The way he kisses dictators’ butts,” and said Trump “hasn’t lifted a finger” on behalf of pro-democracy protesters in Hong Kong.

“I mean, he and I have a very different foreign policy,” Sasse said. “It isn’t just that he fails to lead our allies. It’s that we, the United States, regularly sells out our allies under his leadership.”

Sasse said he criticizes Trump for how he treats women and because Trump “spends like a drunken sailor,” saying he criticized Democratic President Obama over spending.

“He mocks evangelicals behind closed doors,” Sasse said. “At the beginning of the COVID crisis, he refused to treat it seriously. For months, he treated it like a news-cycle-by-news-cycle PR crisis rather than a multiyear public health challenge, which is what it is.”

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Former Nebraska U.S. Sen. Ben Sasse reveals advanced pancreatic cancer diagnosis

Former Nebraska U.S. Sen. Ben Sasse, a conservative who rebuked political tribalism and stood out as a longtime critic of President Trump, announced Tuesday he was diagnosed with advanced pancreatic cancer.

Sasse, 53, made the announcement on social media, saying he learned of the disease last week and is “now marching to the beat of a faster drummer.”

“This is a tough note to write, but since a bunch of you have started to suspect something, I’ll cut to the chase,” Sasse wrote. “Last week I was diagnosed with metastasized, stage-four pancreatic cancer, and am gonna die.”

Sasse was first elected to the Senate in 2014. He comfortably won reelection in 2020 after fending off a pro-Trump primary challenger. Sasse drew the ire of GOP activists for his vocal criticism of Trump’s character and policies, including questioning his moral values and saying he cozied up to adversarial foreign leaders.

Sasse was one of seven Republican senators to vote to convict the former president of “ incitement of insurrection ” after the Jan. 6, 2021, attack on the U.S. Capitol. After threats of a public censure back home, he extended his critique to party loyalists who blindly worship one man and rejected him for his refusal to bend the knee.

He resigned from the Senate in 2023 to serve as the 13th president of the University of Florida after a contentious approval process. He left that post the following year after his wife was diagnosed with epilepsy.

Sasse, who has degrees from Harvard, St. John’s College and Yale, worked as an assistant secretary of Health and Human Services under President George W. Bush. He served as president of Midland University, a small Christian university in eastern Nebraska, before he ran for the Senate.

Sasse and his wife have three children.

“I’m not going down without a fight. One sub-part of God’s grace is found in the jawdropping advances science has made the past few years in immunotherapy and more,” Sasse wrote. “Death and dying aren’t the same — the process of dying is still something to be lived.”

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No legal, national security justifications for ship strikes, says Sen. Murphy

Dec. 17 (UPI) — There are no legal or national security justifications for the Trump administration’s attacks on ships in the eastern Pacific and Caribbean Sea, Sen. Chris Murphy said following a bipartisan classified briefing on the strikes.

At least 95 people have been killed in 25 military strikes on ships the Trump administration accuses of being used by drug cartels and gangs designated as terrorist organizations since Sept. 2.

The strikes have drawn mounting domestic and international condemnation and questions over their legality by both Democratic and Republican lawmakers.

The administration defends the strikes as legal under both U.S. and international law, arguing the United States is at war with the drug cartels who are flooding the country with deadly substances.

State Secretary Marco Rubio and Defense Secretary Pete Hegseth held a classified briefing on the strikes with members of Congress on Tuesday, with many Democrats, including Murphy, D-Conn., calling foul.

“While I obviously can’t tell you any classified information I learned, I can tell you this: that the administration had no legal justification for these strikes, and no national justification for these strikes,” Murphy said in a video posted to his X account.

On the national security front, the administration admitted to the lawmakers that there is no fentanyl coming to the United States from Venezuela and the cocaine that is coming from Venezuela is mostly going to Europe, he said.

“And so we are spending billions of your taxpayer dollars to wage a war in the Caribbean to stop cocaine from going from Venezuela to Europe,” he said. “That is a massive waste of national security resources and of your taxpayer dollars.”

On the legal front, the administration is justifying the strikes by stating they are targeting gangs and cartels that the Trump administration has designated as terrorist organizations.

Since February, President Donald Trump has designated 10 cartels and gangs as terrorist organizations, with Clan de Golfo blacklisted on Tuesday.

Murphy said that while the president has the power to designate groups as terrorist organizations, it does not give him the ability to carry out military strikes targeting them.

“A designated ‘terrorist organization’ allows the president to impose sanctions on those organizations and individuals,” he said. “Only Congress, only the American public, can authorize war. And there’s just no question that these are acts of war.”

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