GOP-Appointed Judge Blocks Pentagon From Punishing Mark Kelly
A federal judge on Thursday temporarily stopped the Pentagon from disciplining Democratic Sen. Mark Kelly over his participation in a video urging service members to refuse unlawful orders from the Trump administration.
U.S. District Judge Richard Leon, appointed by former President George W. Bush, ruled that the Defense Department’s actions likely violated Kelly’s First Amendment rights. Leon wrote that retired service members are entitled to constitutional protections and should not face retaliation for protected political speech.
“To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!” Leon wrote in his order.
First Amendment at the center
Kelly, a retired Navy captain and Arizona Democrat, sued after Defense Secretary Pete Hegseth issued him a formal censure on January 5. The censure was the first step in a process that could have reduced Kelly’s retired rank and cut his pension.
Leon rejected the government’s claim that Kelly was attempting to avoid military rules while still benefiting from his retired status. In dismissing that argument, the judge wrote bluntly: “Horsefeathers!”
He emphasized that veterans have historically played an important role in public debate over military and national security issues. The Pentagon’s position, Leon said, risked weakening the constitutional rights of millions of retired service members.
Background of the dispute
The case stems from a 90-second video posted in November by Sen. Elissa Slotkin of Michigan. Kelly and five other Democratic lawmakers, each with military or intelligence backgrounds, appeared in the clip. They reminded troops of their oath to the Constitution and urged them not to carry out illegal directives.
The video was posted amid Democratic criticism of President Donald Trump’s use of the National Guard in U.S. cities and authorization of lethal force against boats suspected of drug trafficking.
Trump responded at the time by accusing the lawmakers of sedition, calling their actions “punishable by DEATH” in a social media post.
Pentagon investigation
The Pentagon launched an investigation in late November, citing federal law that allows retired service members to be recalled to active duty and potentially disciplined. Hegseth said Kelly was uniquely subject to review because he formally retired from the Navy, unlike some of the other lawmakers in the video.
In announcing the censure, Hegseth described it as a “necessary process step” that could have led to Kelly’s demotion and reduced retirement benefits.
Kelly’s lawsuit names Hegseth, the Defense Department, Navy Secretary John Phelan and the Navy as defendants.
Reactions
After the ruling, Hegseth posted on X that the decision would be appealed, writing: “This will be immediately appealed. Sedition is sedition, ‘Captain.’”
Kelly said the case was about more than his own situation. In a video statement, he warned that the administration’s actions sent a troubling signal to retired veterans nationwide.
“This might not be over yet,” Kelly said. “This president and this administration do not know how to admit when they’re wrong.”
For now, the judge’s order blocks the Pentagon from moving forward with disciplinary measures while the legal battle continues.
