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A federal judge on Thursday blocked the Trump administration’s attempt to punish Sen. Mark Kelly, ruling that Defense Secretary Pete Hegseth violated the Arizona Democrat’s First Amendment rights by seeking to downgrade his military retirement rank and pay over remarks critical of the administration.
U.S. District Judge Richard Leon, a George W. Bush appointee, said the administration had “trampled” on Kelly’s constitutional protections and threatened the speech rights of millions of military retirees.
“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. Quoting Bob Dylan, he added: “You don’t need a weatherman to know which way the wind blows.”
Leon said retired service members “deserve more respect from their Government,” and suggested the Defense Department reconsider its approach.
“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,” the judge wrote. “If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights.”
He said the injunction would, “in some small way,” help bring about a “course correction” at the Pentagon.
The Defense Department did not immediately respond to a request for comment.
Dispute over video statements
The case stems from a January announcement by Hegseth that the Pentagon was taking steps to reduce Kelly’s retirement rank and pay, citing what he described as the senator’s “seditious statements.”
Kelly, a retired Navy captain and former astronaut, appeared in a video alongside five other Democratic lawmakers — all veterans or former intelligence officials — urging members of the military and intelligence community to refuse unlawful orders.
“Our laws are clear. You can refuse illegal orders. You must refuse illegal orders,” the lawmakers said in the video. “No one has to carry out orders that violate the law or our Constitution.”
The other lawmakers included Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire, Chris Deluzio and Chrissy Houlahan of Pennsylvania, and Sen. Elissa Slotkin of Michigan.
President Donald Trump accused the six Democrats of “seditious behavior” and said they were “in serious trouble.”
Kelly filed suit in January, arguing that Hegseth’s actions violated his First Amendment rights as well as the Constitution’s Speech or Debate Clause, which shields lawmakers from being punished for official legislative acts.
In a statement posted to X following the ruling, Kelly said the court “made clear that Pete Hegseth violated the Constitution when he tried to punish me for something I said.”
“But this case was never just about me,” Kelly wrote. “This administration was sending a message to millions of retired veterans that they, too, can be censured or demoted just for speaking out. That’s why I couldn’t let it stand.”
Failed indictment effort
The ruling comes days after the Trump administration unsuccessfully sought to secure indictments against Kelly and the five other Democrats who appeared in the video, according to three people familiar with the matter who spoke to NBC News.
Two sources said that no grand juror found that federal prosecutors had met the probable cause threshold necessary to bring charges, meaning jurors were not persuaded that a crime had been committed.
The Justice Department has not publicly commented on the grand jury proceedings.
Leon’s order halts the Pentagon’s effort to alter Kelly’s retirement status while the case proceeds, marking a significant legal setback for the administration as it faces mounting court challenges over executive authority and free speech protections.
