From AP--Hegseth censures Mark Kelly--

One issue, according to Huntley, is whether Kelly’s comments fall under the constitutional protections of the speech or debate clause.

https://www.aol.com/articles/hegseth-censures-sen-kelly-warning-150257307.html

The clause is intended to protect members of Congress from questioning about official legislative acts, and a 1968 Supreme Court decision wrote that the provision’s intent was “to prevent legislative intimidation by and accountability to the other branches of government.”

Huntley also said that while the type of process Hegseth is using here, known as a retirement grade determination, is fairly routine, “as far as I know, they’ve always been based on conduct during the individual’s active duty service, even if it only came to light after retirement.”

“So, I don’t know if conduct totally after retirement would fit the requirement for such a determination,” he added.

According to Hegseth, Kelly now has 30 days to submit a response to the proceedings that will decide if he is demoted. The decision will be made within 45 days, Hegseth’s post added. ___