Federal judge blocks Pentagon effort to demote Sen. Mark Kelly over ‘refuse illegal orders’ comment, ruling First Amendment protects the Arizona Democrat’s speech.
Trump administration loses bid to censure Arizona senator over military remarks (Image: X)
U.S. District Judge Richard Leon issued a preliminary ruling Thursday blocking the Pentagon from reducing Senator Mark Kelly’s retired military rank and pension pay as punishment for his comments urging troops to reject unlawful orders. Leon, a George W. Bush appointee, wrote that Kelly’s speech was “unquestionably protected” under the First Amendment.
Kelly is a retired Navy captain, former astronaut, and Democratic U.S. senator from Arizona. He was one of six Democratic members of Congress who appeared in a November 2024 video reminding military personnel of their duty to refuse illegal orders. In the video, Kelly said: “Our laws are clear: You can refuse illegal orders.” Defense Secretary Pete Hegseth issued a censure letter on January 5 alleging Kelly violated military rules that apply to both active and retired personnel. The Pentagon sought to reduce Kelly’s retired rank and adjust his pension.
Judge Leon granted a preliminary injunction halting the censure. In his ruling, Leon wrote: “The speech at issue here is unquestionably protected speech.” He described the Pentagon’s action as a punishment of “a sitting U.S. Senator for his views on military policy.” Leon added: “It is a particularly valuable asset for our country to have retired veterans contributing to public discussion on military matters and policy.”
Trump administration lawyers argued the matter fell outside judicial review, calling it a “quintessential matter of military discipline not within the Judiciary’s purview.” They also said Kelly’s lawsuit was premature, asserting he had not yet been formally censured and should have first responded through administrative channels. Hegseth wrote on X that the ruling will be immediately appealed. “Sedition is sedition, ‘Captain,’” he said.
In a November 2024 social media post, Trump described the video as “SEDITIOUS BEHAVIOR, punishable by DEATH.” Kelly’s comments came amid Democratic criticism of Trump’s decisions to deploy the National Guard in U.S. cities and authorize lethal strikes on suspected drug-smuggling boats from Latin America.
Kelly applauded the decision in a statement Thursday. “A federal court made clear that Pete Hegseth violated the constitution when he tried to punish me for something I said,” Kelly said. He has maintained that his remarks were consistent with existing military law and his oath as a veteran.
The White House said Thursday the court’s ruling would not be the final word. A White House spokesperson said Hegseth “rightfully directed a review to determine future actions as a result of these dangerous comments by Senator Kelly.” The Pentagon has confirmed it will appeal the ruling.
A: In a November 2024 video, Kelly said: “Our laws are clear: You can refuse illegal orders.” He was one of six Democratic members of Congress who appeared in the clip addressing service members’ duty to reject unlawful commands.
A: Defense Secretary Pete Hegseth issued a censure letter January 5 and sought to reduce Kelly’s retired military rank and adjust his pension pay.
A: Judge Richard Leon ruled that Kelly’s speech was protected by the First Amendment and that punishing a sitting senator for his views on military policy was unconstitutional.
A: Yes. Administration lawyers called the case a military discipline matter outside the judiciary’s authority and said the lawsuit was premature because Kelly had not yet been formally censured.
A: Yes. Pete Hegseth said on X the ruling will be immediately appealed. He wrote: “Sedition is sedition, ‘Captain.’”
Disclaimer: This information is based on inputs from news agency reports. TSG does not independently confirm the information provided by the relevant sources.
