Federal Judge Blocks Hegseth’s Efforts to Punish Sen. Mark Kelly

A federal judge issued a preliminary injunction in Sen. Mark Kelly’s case against Defense Secretary Pete Hegseth Thursday, ruling that the Democratic senator had First Amendment protections when he appeared in a video saying servicemembers do not have to obey illegal orders.

The judge’s order blocks the Defense Department from docking Kelly’s retirement pay or reducing his military rank as punishment for his involvement in video.

“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,” U.S. District Judge for the District of Columbia Richard J. Leon wrote in an opinion.

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

Kelly, a retired naval officer, appeared in a video alongside other veteran Democrats last year telling active service members they “can refuse illegal orders,” and that the U.S. faces constitutional threats from within the country.

The Department of Defense opened a review into “serious allegations of misconduct” against Kelly the following week, and Hegseth requested a review of the senator’s “potentially unlawful comments.” The Defense Secretary issued a letter of censure against Kelly in January.

Kelly filed a civil lawsuit against Hegseth, arguing that Hegseth committed extensive legal violations, including violations of Kelly’s First Amendment and due process rights. The judge issued a preliminary injunction on Kelly’s First Amendment claim.

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

A federal grand jury refused to indict Kelly and five other Democrats on Tuesday for their involvement in the video. Kelly said in a statement the effort was an “outrageous abuse of power by Donald Trump and his lackeys.”