Judge blocks Pentagon from censuring Sen. Mark Kelly over video about unlawful orders

A federal judge on Feb. 12 temporarily blocked Defense Secretary Pete Hegseth from censuring Sen. Mark Kelly and reducing his rank as a retired Navy captain over the Arizona Democrat’s participation in a video reminding service members they have a right to refuse unlawful orders.

U.S. District Judge Richard Leon ruled that the Pentagon’s planned punishment likely violated Kelly’s First Amendment rights and issued a preliminary injunction preventing the censure and demotion while the lawsuit proceeds.

Kelly, a retired Navy captain, joined five other Democratic members of Congress in a November video addressed to U.S. troops emphasizing that service members are not required to follow illegal orders. The video did not detail any specific orders the lawmakers deemed unlawful.

The Pentagon, led by Hegseth, moved to formally censure Kelly and reduce his rank and retirement pay, arguing that military personnel are subject to restrictions on speech in order to maintain discipline and order.

>> Hegseth issues censure letter against retired Navy captain over video urging troops to refuse orders << 

Leon wrote that while courts have recognized limits on the speech rights of active-duty service members, “no court has ever extended those principles to retired servicemembers, much less a retired servicemember serving in Congress.”

The judge said the administration had “trampled” on Kelly’s First Amendment protections and that Kelly was likely to succeed in his legal challenge.

The ruling came days after reports that federal prosecutors in Washington sought but failed to obtain grand jury indictments against Kelly and Sen. Elissa Slotkin of Michigan related to their participation in the video.

President Donald Trump previously condemned the lawmakers, calling their actions “seditious behavior” in a post on Truth Social.

Kelly welcomed the ruling in a statement posted on X, saying, “Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said.” 

“I also know this might not be over yet, because Trump and Hegseth can't admit when they are wrong,” he wrote in the caption of his post. 

The preliminary injunction will remain in effect as the case moves forward in U.S. District Court in Washington, D.C.