Federal Judge Halts Pentagon’s Bid to Penalize Senator Mark Kelly, Citing First Amendment Violations

A federal judge has issued a forceful injunction blocking the Trump administration from carrying out punitive measures against U.S. Senator Mark Kelly, ruling that the Department of Defense overstepped its authority and infringed on the constitutional rights of a retired military officer now serving in Congress.

U.S. District Judge Richard J. Leon, a George W. Bush appointee, sharply criticized the administration’s attempt to demote Kelly’s military retirement rank and reduce his pension in response to public statements the Arizona Democrat made questioning President Donald Trump’s military decisions. Leon described the government’s case as “anemic” and “horsefeathers,” concluding that the Pentagon’s actions amounted to an unconstitutional attempt to silence a political critic.

A Rebuke of Government Overreach

In his ruling, Judge Leon emphasized that retired service members retain robust First Amendment protections, rejecting the administration’s argument that military retirees can be disciplined for speech deemed disloyal or “seditious.” He directed pointed criticism at Defense Secretary Pete Hegseth, who had announced on January 5 that Kelly would be formally censured for participating in a video urging current service members to refuse unlawful orders.

“Rather than trying to shrink the First Amendment liberties of retired service members, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired service members have brought to public discussions and debate on military matters in our Nation over the past 250 years,” Leon wrote.

Leon added that the Pentagon’s actions “trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” underscoring that no court has ever granted the Defense Department authority to police the political speech of Americans no longer serving on active duty.

Origins of the Dispute

The conflict traces back to several public statements Kelly made in 2025 criticizing the administration’s military posture. Kelly condemned the deployment of federal troops to quell protests in Los Angeles in June 2025, drawing the ire of President Trump. Later that year, Kelly appeared in a video alongside five other former military and intelligence officials, reminding service members of their duty to refuse illegal orders.

The video provoked a series of heated social media posts from President Trump, who accused the participants of “seditious behavior” and suggested punishments ranging from imprisonment to the death penalty. Shortly afterward, the Pentagon launched an investigation into Kelly, alleging he had used “his rank and service affiliation” to undermine the armed forces.

Hegseth’s subsequent letter of censure—an administrative step toward reducing Kelly’s retirement rank and benefits—prompted the senator to file a lawsuit on January 12, accusing the administration of “punitive retribution.”

Legal and Political Implications

Judge Leon’s injunction marks a significant setback for the Trump administration, which has repeatedly attempted to pursue legal or disciplinary action against critics within the military and intelligence communities. The ruling reinforces long‑standing constitutional protections for political speech, particularly for veterans who continue to participate in public life.

Legal analysts note that the decision may have broader implications for how future administrations interact with retired military personnel who enter politics or public advocacy. By affirming that the Pentagon lacks jurisdiction over retirees’ political expression, the ruling draws a clear boundary between military discipline and civilian free speech rights.

Response and Next Steps

The Defense Department has not yet issued a formal response to the ruling. Kelly, a retired Navy captain and former astronaut, has continued to defend his participation in the video, arguing that safeguarding lawful military conduct is a nonpartisan responsibility.

Judge Leon expressed hope that the injunction would prompt a “course correction” in the Defense Department’s approach to regulating the speech of retired service members.

The case is expected to proceed as the injunction remains in place, preventing any punitive action against Kelly while the legal challenge continues.