Federal Judge Halts Pentagon's Disciplinary Action Against Senator Mark Kelly
A federal judge in the United States has issued a preliminary ruling, blocking the Pentagon from reducing Senator Mark Kelly's retired military rank and pension pay. The decision, handed down on Thursday, February 12, 2026, by U.S. District Judge Richard Leon in Washington, marks a significant development in a dispute that began after Kelly and other Democratic lawmakers urged military members to 'refuse illegal orders.'
The ruling found that the Pentagon's actions 'trampled on Senator Kelly's First Amendment freedoms' and 'threatened the constitutional liberties of millions of military retirees.'
Context of the 'Illegal Orders' Video
The controversy originated from a video released in November 2025, in which Senator Mark Kelly, a retired Navy captain and former astronaut representing Arizona, along with five other Democratic lawmakers, reminded service members of their duty to reject unlawful orders. In the clip, Kelly stated, 'Our laws are clear: You can refuse illegal orders.'
These remarks came amidst broader criticism from Democrats regarding then-President Donald Trump's decisions, including the deployment of the National Guard in U.S. cities and authorization of lethal strikes. President Trump publicly denounced the video on social media, calling it 'SEDITIOUS BEHAVIOR, punishable by DEATH.'
Pentagon's Response and Senator Kelly's Lawsuit
In response to the video, Defense Secretary Pete Hegseth issued a censure letter to Senator Kelly on January 5, 2026. Hegseth asserted that Kelly had 'clearly intended to undermine good order and military discipline' in violation of military rules applicable to both active and retired personnel. The Pentagon subsequently initiated 'retirement grade determination proceedings,' which could have resulted in a demotion of Kelly's retired rank and a corresponding reduction in his pension pay.
Senator Kelly filed a lawsuit against Secretary Hegseth, arguing that the Pentagon's actions constituted 'punitive retribution' and violated his First Amendment rights. He contended that allowing such disciplinary measures would send a 'chilling message' to retired military members who speak out on government policy.
Judge Leon's Ruling and Future Implications
Judge Leon's ruling emphasized that restrictions on speech for active-duty military personnel do not extend to retirees. He stated that Kelly's speech was 'unquestionably protected speech' and rejected the government's arguments as 'anemic' and 'horsefeathers.'
The judge's order prohibits the Defense Department and the Trump administration from taking any adverse action against Senator Kelly to reduce his retirement rank and pay while the lawsuit is pending. Defense Secretary Pete Hegseth has indicated that the ruling will be 'immediately appealed.'
2 Comments
Muchacha
Good to see the First Amendment protected. This is crucial for our democracy.
Mariposa
It's crucial for service members to understand their duty to refuse illegal orders, yet this public call from a sitting senator risks politicizing the military. The line between protecting rights and maintaining discipline is incredibly fine here.