A federal judge on Thursday barred the Pentagon from reducing Sen. Mark Kelly’s military retirement rank and pay over a video urging service members to refuse illegal orders. The ruling halts disciplinary proceedings initiated by Defense Secretary Pete Hegseth and prohibits any adverse action against the Arizona Democrat while the case proceeds.
U.S. District Judge Richard Leon found that the Defense Department’s effort to demote Kelly, a retired Navy captain, violated his First Amendment rights.
“This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Leon wrote in his 29-page opinion.
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Court blocks retirement downgrade
Kelly sued Hegseth last month after the Pentagon initiated “retirement grade determination proceedings” that could have reduced his retired rank and corresponding pension. Hegseth had also issued a formal letter of censure, citing what he described as “reckless misconduct.”
The dispute stems from a November video made by Kelly and five other Democratic lawmakers that told members of the military and intelligence community that they can refuse illegal orders.
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Mark Kelly is a retired Navy Captain and former NASA astronaut. He’s a veteran of four space shuttle missions, and he commanded the final flight of Endeavour in 2011.
President Donald Trump denounced the video as “SEDITIOUS BEHAVIOR, punishable by DEATH!” Hegseth argued that Kelly’s statements undermined the chain of command and warranted review.
Leon rejected the administration’s position that free speech protections afforded to active-duty service members can be extended to retirees. He wrote that no court has applied those restrictions to retired service members, including one serving in Congress.
The judge also blocked the Pentagon from using any findings from its administrative review against Kelly in a criminal proceeding.
Grand jury declines to indict
Leon’s decision follows a failed effort earlier this week by federal prosecutors in Washington to secure a criminal indictment against Kelly and the five Democrats who appeared in the video. Prosecutors had explored charging them under a federal statute that prohibits counseling or causing insubordination, disloyalty or mutiny within the military. A grand jury declined to indict.
Kelly’s colleagues in the video have not faced retirement-related consequences because they do not receive military retirement pay.
Hegseth promises appeal
Hegseth said in a post on X that the ruling will be “immediately appealed,” adding, “Sedition is sedition, ‘Captain.’”
In a statement, Kelly said the court “made clear that Pete Hegseth violated the Constitution when he tried to punish me for something I said,” and argued that the case concerned the speech rights of retired veterans broadly.
