A federal judge in Washington, D.C. agreed to prevent the Pentagon from punishing Democratic Sen. Mark Kelly for his participation in a video where he urged troops to disobey unlawful demands. The judge granted the senator’s request for a preliminary injunction against Department of War Secretary Pete Hegseth, in a suit filed by Kelly accusing Hegseth of trying to penalize him for his political discourse.
U.S. District Judge Richard Leon ruled that Pentagon officials “threatened the constitutional liberties of millions of military retirees” in addition to violating Kelly’s First Amendment Freedom of Speech rights.
“To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!” wrote Leon.
In January, Kelly sued Hegseth after the secretary censured the Arizona Democrat for his role in the video.
"Our rules are clear. You can refuse illegal orders," Kelly said in the video.
Hegseth deemed Kelly’s statements as “seditious,” announcing a review of the former Navy pilot’s retirement grade. If successful, the effort would lead to a demotion in rank and a decrease in retirement compensation.
Judge Leon’s order bars the Pentagon from imposing disciplinary action on Kelly pending his lawsuit.
According to the suit, Kelly’s attorneys argued that the Pentagon review was both “unconstitutional and legally baseless.”
"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 this stand,” Kelly issued in a statement following Judge Leon’s ruling. "I appreciate the judge's careful consideration of this case, and the clarity of his ruling. But I also know that this might not be over yet, because this President and this administration do not know how to admit when they're wrong.”
In the November 2025 video, Kelly and five other Democratic officials urged troops to uphold the Constitution, which sparked backlash from President Donald Trump.
President Trump described the video as "SEDITIOUS BEHAVIOR, punishable by DEATH!" in a Truth Social post. He also called for the lawmakers to "be ARRESTED AND PUT ON TRIAL."
