Federal judge blocks Pentagon's attempt to sanction Democratic Sen. Mark Kelly

Federal District Judge Richard Leon on Thursday blocked the Pentagon's attempt to formally reprimand Arizona Democratic Senator Mark Kelly and reduce his retirement rank after the release of a video in which he and several colleagues urged service members to refuse illegal orders. The federal judge acknowledged that active-duty personnel operate under more limited First Amendment protections to preserve military discipline. However, he emphasized that no court has applied that standard to retired military personnel and noted that he would not be the first to do so.

"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 ruling. Quoting a Bob Dylan lyric, the judge, who was appointed by former President George W. Bush, added: "You don't need a weatherman to know which way the wind blows. To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!"

Trump administration to appeal decision

Likewise, Leon concluded that the Pentagon's response to Kelly's video "clearly pass the bar" for being considered retaliatory and could deter other veterans from participating in the public debate. He cited a brief filed by 41 retired officers as amici curiae, claiming that some veterans are avoiding public debate for fear of government retaliation, and called that situation "a troubling development in a free country." The judge ordered both sides to file a joint status report on the case within 30 days, detailing the next steps. 

Kelly, a retired Navy captain, filed the lawsuit last month after Defense Secretary Pete Hegseth announced that the Pentagon had initiated a process to determine his retirement grade and issued a formal letter of censure related to the video revealed last November. In that video, five other Democrats with intelligence or military experience joined Kelly in urging the troops to "reject illegal orders." These were Representative Jason Crow of Colorado, Representatives Chrissy Houlahan and Chris Deluzio of Pennsylvania, Representative Maggie Goodlander of New Hampshire and Senator Elissa Slotkin of Michigan.

Defense Secretary Pete Hegseth responded to Leon's ruling via his official X account, where he commented that the decision will be "immediately appealed" and added: "Sedition is sedition, 'Captain.'" The Pentagon referred questions about the ruling to Hegseth's post, while the Department of Justice declined to comment.