Judge blocks Pentagon's attempt to punish Kelly over video
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U.S. Sen. Mark Kelly. Photo: Heather Diehl/Getty Images
A federal judge temporarily blocked the Pentagon from punishing U.S. Sen. Mark Kelly (D-Ariz.) by reducing his rank and pension for his participation in a video urging servicemembers not to obey illegal orders.
State of play: U.S. District Court Judge Richard J. Leon on Thursday issued a preliminary injunction in Kelly's lawsuit against Defense Secretary Pete Hegseth.
- Kelly sued Hegseth last month after the Pentagon censured and attempted to demote him, arguing that the punishment violated his First Amendment free speech rights and that Hegseth lacked legal authority to take those actions.
- The senator is a retired Navy captain.
What they're saying: Leon wrote that the court "has all it needs to conclude that Defendants have trampled on Senator Kelly's First Amendment freedoms and threatened the constitutional liberties of millions of military retirees."
Zoom in: While it's well-established that military servicemembers have "less vigorous" free speech protections, Leon said courts have never extended that principle to retired members.
- "This Court will not be the first to do so!" he added.
- "... this case was never just about me. This administration was sending a message to millions of retired veterans that they too can be censured or demoted just for speaking out," Kelly said in a press statement.
The other side: Hegseth said on X that he'll immediately appeal the decision and took a swipe at Kelly, writing, "Sedition is sedition, 'Captain.'"
Catch up quick: Kelly and five other congressional Democrats who are veterans of the military or intelligence services appeared in a November video in which they reminded servicemembers that they can refuse to obey illegal orders.
- President Trump denounced the video as "SEDITIOUS BEHAVIOR, punishable by DEATH," and the Pentagon subsequently launched an investigation.
- A federal grand jury this week rejected the U.S. Department of Justice's attempt to indict Kelly and his fellow lawmakers in the video.
- Kelly and U.S. Sen. Elissa Slotkin (D-Mich.) accused Trump of weaponizing the justice system to attack his perceived enemies.
Editor's note: This story has been updated to include a response from Defense Secretary Pete Hegseth.