A federal judge in Washington has drawn a firm constitutional line, blocking the Pentagon from downgrading the retired military rank and pension of Senator Mark Kelly after he publicly urged service members to refuse unlawful orders.
In a preliminary ruling, U.S. District Judge Richard Leon held that Kelly’s remarks fall squarely within the protection of the First Amendment. The decision prevents the Defense Department, for now, from moving ahead with efforts to reduce the Arizona senator’s retired status as a Navy captain.
Kelly — a former astronaut and now a Democratic senator from Arizona — appeared in a November video alongside other lawmakers reminding troops of their legal obligation not to follow illegal commands. In that recording, he said plainly: “Our laws are clear: You can refuse illegal orders.”
The Pentagon’s response was swift. Defense Secretary Pete Hegseth issued a censure letter asserting that Kelly’s comments undermined military discipline. The department initiated a review that could have led to a reduction in rank and retirement pay — sanctions typically associated with breaches of military conduct rules that apply to both active-duty and retired personnel.
Judge Leon rejected that approach in sharp terms. Punishing a sitting senator for speaking about military policy, he wrote, cuts against core constitutional protections. He emphasized that public debate on national defense — especially when it includes the voices of veterans — strengthens, rather than weakens, democratic governance.
Kelly welcomed the ruling, describing it as a clear rebuke of what he characterized as unconstitutional retaliation. The White House signaled that the legal fight is far from over, saying the administration intends to continue defending the disciplinary review. Hegseth announced plans to appeal, casting Kelly’s remarks in stark language and defending the department’s authority.
The clash unfolded against a broader political backdrop. President Donald Trump had earlier condemned the lawmakers’ video in a social media post, labeling it “seditious behavior.” The administration’s legal team argued in court filings that matters of military discipline fall outside judicial oversight and that Kelly’s lawsuit was premature because no final disciplinary action had been imposed.
For now, however, the court’s order freezes the Pentagon’s effort — and underscores a constitutional tension that is likely headed for the appeals process.
