Mark Kelly wins in court: Judge bars Pentagon from punishing Senator for urging troops to ‘resist unlawful orders’

A federal judge on Thursday (February 12) temporarily blocked the Pentagon from punishing Democratic Senator Mark Kelly for participating in a video urging service members to resist unlawful orders, ruling that the move likely violated his First Amendment rights.

US District Judge Richard Leon granted Kelly’s request to halt enforcement of a January 5 censure issued by Defense Secretary Pete Hegseth, finding that the administration’s actions threatened broader constitutional protections.

“To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!” Leon wrote in his ruling. The judge added that the Pentagon’s position imperiled “the constitutional liberties of millions of military retirees.”

Shortly after the video circulated, President Donald Trump accused the lawmakers of sedition.

The Pentagon launched an investigation into Kelly in late November, citing a federal law that permits retired service members to be recalled to active duty and potentially face court-martial or other punishment. Hegseth said Kelly was singled out because he formally retired from the Navy as a captain and remains subject to military jurisdiction.

“Rather than trying to shrink the First Amendment liberties of retired servicemembers, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired servicemembers have brought to public discussions and debate on military matters in our Nation over the past 250 years,” Leon wrote.

He added, “If so, they will more fully appreciate why the Founding Fathers made free speech the First Amendment in the Bill of Rights!”

The judge’s order prevents the Pentagon from enforcing Kelly’s censure, demoting him in retired rank, or reducing his retirement pay while the lawsuit proceeds. Leon directed both sides to provide a status update within 30 days.

Earlier this week, a Washington grand jury declined to indict the lawmakers over the video. However, Michigan Sen. Elissa Slotkin said the Justice Department could seek a new indictment as soon as Friday.

Kelly and Slotkin said during a Wednesday news conference that they are keeping “all legal options on the table” regarding possible additional lawsuits against the administration.

Kelly framed the case as extending beyond his personal situation.

“The administration was sending a message to millions of retired veterans that they too can be censured or demoted just for speaking out,” he said in a video statement following the ruling.

Still, he cautioned that the legal battle may not be finished: “This might not be over yet, because this president and this administration do not know how to admit when they’re wrong.”