SUMMARY
- US District Court Judge Richard J. Leon issued a preliminary injunction preventing the Pentagon from reducing Kelly’s rank or pension.
- Kelly sued Defense Secretary Pete Hegseth, arguing the attempted punishment exceeded his legal authority and violated free speech rights.
- The case raises broader questions about government limits on retired service members’ political speech.
WASHINGTON — A federal judge on Thursday temporarily blocked the Pentagon from punishing US Sen. Mark Kelly, D-Ariz., over his participation in a video urging military personnel not to follow illegal orders, citing potential First Amendment violations.
The ruling preserves Kelly’s retired Navy captain status while the court considers the broader constitutional implications.
The senator’s lawsuit claims that Hegseth overstepped legal authority by censuring and attempting to demote him following the release of a November video.
The video featured Kelly and five other Democratic lawmakers, reminding U.S. service members they may refuse illegal orders.
Former President Donald Trump denounced the video as “seditious behavior” and called for severe punishment, prompting a Pentagon investigation. A federal grand jury recently rejected DOJ efforts to indict the lawmakers.
“The court’s injunction underscores the delicate balance between military discipline and free speech,” said Peter Feaver, professor of political science at Duke University and former National Security Council adviser.
Retired Navy Captain James H. Fanell noted, “This ruling sets precedent for how the government can engage with retired officers’ political expression without violating constitutional protections.”
Kelly said, “This case is not just about me. Millions of retired veterans should know they cannot be censured for speaking out.” Pentagon spokesperson Mike Andrews declined to comment on ongoing litigation.
The preliminary injunction allows Kelly to retain his rank and pension while the legal case proceeds, potentially shaping rules for retired military members’ political speech.
The decision reinforces constitutional protections for free expression among retired service members and highlights tensions between military authority and democratic rights.
NOTE! This article was generated with the support of AI and compiled by professionals from multiple reliable sources, including official statements, press releases, and verified media coverage. For more information, please see our T&C.
