Judge temporarily blocks the Pentagon from punishing Senator Kelly for his call to resist illegal orders

WASHINGTON (AP) — A federal judge agreed Thursday to temporarily block the Pentagon from punishing Democratic Sen. Mark Kelly, a former Navy pilot, for participating in a video that called on troops to resist illegal orders.

U.S. District Judge Richard Leon ruled that Pentagon officials violated Kelly’s First Amendment free speech rights and “threatened the constitutional freedoms of millions of military retirees.”

He watches: Slotkin and Kelly speak out after the grand jury declined to indict them over the “unlawful orders” video.

Kelly, who represents the state of Arizona, filed a lawsuit in federal court to prevent his January 5 censure from Defense Secretary Pete Hegseth.

In November, Kelly and five other Democratic lawmakers appeared in a video urging troops to uphold the Constitution and not follow illegal military directives from the Trump administration.

Republican President Donald Trump accused lawmakers of inciting sedition, “punishable by death,” in a social media post days later.

Read more: Hegseth issues a letter of censure to Senator Kelly after warning him against following illegal orders

Hegseth said Kelly’s criticism was a “necessary practical step” for actions that could result in the senator’s retiring captain being demoted and a subsequent reduction in his retirement pay.

The judge concluded that Kelly’s speech deserved full First Amendment protection. Leon wrote: “Horse feathers!” In response to the government’s argument that Kelly is trying to exempt himself from the rules of military justice.

“Rather than attempt to curtail the First Amendment freedoms of retired soldiers, Secretary Hegseth and his fellow defendants might reflect on and be grateful for the wisdom and experience that retired soldiers have brought to public debate and debate on military matters in our nation over the past 250 years,” Lyons wrote.

He watches: Rep. Crow signals legal action following administration efforts to charge 6 Democrats

He added, “If so, they will fully appreciate why the Founding Fathers made freedom of speech the First Amendment in the Bill of Rights!”

The Pentagon did not immediately respond to an email requesting comment on the judge’s ruling.

Kelly said in a video statement released after the ruling that the case was not just about him, and that the administration “was sending a message to millions of retired veterans that they, too, could be censured or demoted simply for speaking out.”

He added that the ruling was unlikely to be the end: “This may not be over yet, because this president and this administration do not know how to admit when they are wrong.”

The 90-second video was first posted on a social media account belonging to Sen. Elissa Slotkin of Michigan. Reps. Jason Crow of Colorado, Chris DiLuzio of Pennsylvania, Maggie Goodlander of New Hampshire, and Chrissy Houlahan of Pennsylvania also appeared in the video. All participants are veterans of the armed forces or intelligence agencies.

The Pentagon began investigating Kelly in late November, citing a federal law that allows retired service members to be recalled to active duty on orders from the Secretary of Defense for possible court-martial or other sanctions. Hegseth said Kelly was the only one of the six lawmakers investigated because he was the only one who had officially retired from the military and was still under the Pentagon’s authority.

Kelly’s lawyers said the Pentagon’s criticism of Kelly — and his efforts to lower his retirement tier and pay — is an unprecedented attack on veterans’ rights to discuss national security issues publicly.

“Defendants assert absolute and unreviewable authority to impose military punishment on a retired veteran and United States Senator for engaging in speech that a civilian political appointee dislikes. This situation is as troubling as it is unprecedented,” they wrote.

Government lawyers said the case “is not about legislative independence or freedom of expression in civil society.”

“Instead, this case concerns a retired military officer who seeks to use his military status as a sword and his legislative position as a shield against the consequences of his actions in military personnel matters,” they wrote.

Hegseth, the Department of Defense, Secretary of the Navy John Phelan, and the Navy are named as defendants in the lawsuit.

Lyons was nominated to the bench by Republican President George W. Bush.