Judge Presses DOJ Over Pentagon Move To Demote Sen. Mark Kelly
Judge Richard J. Leon said he will rule by Feb. 11, 2026 after pressing DOJ on the Pentagon's effort to cut Sen. Mark Kelly's retired rank and retirement pay.
Overview
U.S. District Judge Richard J. Leon pressed Justice Department lawyers in a closed-courtroom hearing Tuesday and said he aims to issue a decision on Sen. Mark Kelly's request for a preliminary injunction by Feb. 11, 2026.
The case stems from Defense Secretary Pete Hegseth's Jan. 2026 censure and administrative steps to downgrade Kelly's retired U.S. Navy captain rank and reduce retirement pay after a 90‑second video posted in November 2025 urging troops not to follow allegedly unlawful orders, according to court filings.
Justice Department attorney John Bailey told the court retirees remain subject to the Uniform Code of Military Justice and that Kelly has not exhausted administrative remedies, while Kelly's lawyer Benjamin Mizer said the actions violate Kelly's First Amendment rights and the Speech and Debate Clause, court records show.
The disputed 90‑second video featured six Democratic lawmakers and the Justice Department has contacted at least four of them in related inquiries, and Pentagon officials say Kelly is targeted because he formally retired from the military, according to filings and public statements.
Judge Leon set a Feb. 11, 2026 target to rule and Kelly faces a Feb. 16, 2026 deadline to respond to Hegseth's censure letter unless the court enjoins the administrative proceedings, according to court schedules and filings.
Analysis
Center-leaning sources frame the story sympathetically toward Sen. Kelly by foregrounding a judge's skepticism, highlighting his attorneys' First Amendment claims, and providing context about alleged unlawful strikes. Editorial choices—quote selection, placement of procedural DOJ defenses late, and emphasis on potential chilling effects—tilt coverage toward Kelly's civil-rights narrative.
Sources (7)
FAQ
The video, released in November 2025, featured Sen. Mark Kelly and five other Democratic lawmakers with military backgrounds urging active-duty personnel to refuse illegal orders, framing it as a reminder of service members' constitutional obligations without specifying particular directives.[1]
Pentagon officials state Kelly is targeted because he formally retired from the military and remains subject to the Uniform Code of Military Justice as a retiree receiving a pension, unlike the other lawmakers in the video who are still serving or not retired officers.
Kelly argues the Pentagon's actions violate his First Amendment rights, due process, and the Speech or Debate Clause, and that federal law does not permit revisiting retirement rank based on post-retirement political speech.
The DOJ argues that retirees like Kelly remain subject to the Uniform Code of Military Justice and that he has not exhausted administrative remedies before seeking court intervention.[1]
Judge Leon aims to rule on Kelly's preliminary injunction request by February 11, 2026, and Kelly faces a February 16, 2026 deadline to respond to the censure letter unless the court intervenes.
History
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