A federal judge on Thursday (Feb. 12) temporarily blocked the Pentagon from punishing Democratic Sen. Mark Kelly for participating in a video urging service members to defy illegal orders, ruling that the move likely violated his First Amendment rights.
U.S. District Judge Richard Leon granted Kelly’s Jan. 5 request to stay the censure of Defense Secretary Pete Hegseth, finding that the administration’s actions threatened broader constitutional protections.
“At the very least, our retired veterans deserve more respect from their government, and our constitution requires them to get it!” Leon wrote in his decision. The judge added that the Pentagon’s position threatens “the constitutional liberties of millions of military retirees.”
Dispute over video message to soldiers
The case stems from a 90-second video released in November in which Kelly and five other Democratic lawmakers — all veterans of the armed services or the intelligence community — called on troops to uphold the Constitution and reject illegal directives from the Trump administration.
Shortly after the video went viral, President Donald Trump accused the lawmaker of sedition.
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 and potentially face court-martial or other punishment. Hegseth said Kelly was chosen because he formally retired from the Navy as a captain and remains subject to military jurisdiction.
Referee: Speech entitled to full protection
In his ruling, Leon rejected the government’s argument that Kelly was trying to place himself above military justice.
“Rather than Secretary Hegseth and his fellow Defendants seeking to curtail the First Amendment freedoms of retired service members, they could reflect and be grateful for the wisdom and expertise that retired officers have brought to public discussions and debates about military matters in our nation over the past 250 years,” Leon wrote.
He added, “If so, they will fully appreciate why the Founding Fathers made free speech the First Amendment of the Bill of Rights!”
The judge’s order prevents the Pentagon from forcing Kelly’s censure, reducing his retired rank or reducing his pension while the trial continues. Leon ordered both parties to provide a status update within 30 days.
Legal and political impact
The legal battle is part of a broader clash between Democratic lawmakers and the Trump administration.
Earlier this week, a grand jury in Washington declined to indict the lawmaker over the video. However, Michigan Senator Elissa Slotkin said the Justice Department could seek a new indictment as early as Friday.
Kelly and Slotkin said at a news conference Wednesday that they were keeping “all legal options on the table” regarding possible additional lawsuits against the administration.
Kelly directed the case in a way that transcended his personal situation.
“The administration was sending a message to millions of retired veterans that they too could be punished or demoted just for speaking out,” he said in a video statement after the decision.
Still, he warned the legal battle may not be over: “This may not be over yet because this president and this administration don’t know how to admit when they’re wrong.”
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