Federal Judge Blocks Defense Secretary’s Punishment of Sen. Mark Kelly Over “Illegal Orders” Video

A federal judge has ruled that Defense Secretary Pete Hegseth unlawfully retaliated against Sen. Mark Kelly over a video in which the Arizona lawmaker urged service members to refuse illegal orders.

Senior US District Judge Richard Leon determined that the Pentagon’s actions violated Kelly’s First Amendment rights, calling the measures unconstitutional retaliation against protected political speech. The ruling represents a major setback for administration efforts to penalize the retired Navy captain and former astronaut for his role in the video.

The video, released last year by Kelly and several other Democratic lawmakers with military or intelligence backgrounds, warned of potential threats to constitutional norms and encouraged service members to refuse unlawful directives. The Defense Department argued Kelly’s actions amounted to counseling troops to disobey lawful orders.

Leon rejected that argument, writing that Kelly was punished for expressing views on matters of public concern — speech the court said is entitled to strong legal protection. The judge also rejected the Pentagon’s attempt to apply certain speech limits placed on active-duty service members to retirees.

Hegseth announced the administration would immediately appeal the ruling. The Justice Department has argued that the Defense Secretary’s actions should not be subject to court review or should receive significant judicial deference.

The case followed the Pentagon’s move to pursue administrative penalties against Kelly, including reducing his retired military rank and issuing a formal letter of censure.

Separately, a grand jury in Washington, DC, declined to approve criminal charges against Kelly and other lawmakers involved in the video, further complicating efforts to pursue legal action against them.

Kelly welcomed the ruling but said the legal fight may not be over, noting the administration could continue pursuing action through the courts.

The decision adds to a growing list of legal challenges that have slowed or blocked efforts to pursue political opponents through government action.

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