Judge Richard Leon Blocks Pentagon From Punishing Sen. Mark Kelly
Judge Richard Leon barred the Defense Department from demoting Sen. Mark Kelly or cutting his retirement pay and ordered the parties to update the court in 30 days.
The BlazePete Hegseth says Pentagon will repeal court order blocking punishment against Mark Kelly
Al JazeeraUS judge blocks Trump administration from punishing Senator Mark Kelly
ReasonJudge Preliminarily Blocks Military Disciplinary Measures Against Senator (and Retired Navy Captain) Mark Kelly
PBS NewsHourNews Wrap: Judge blocks Pentagon from punishing Sen. Kelly
Overview
U.S. District Judge Richard Leon issued a preliminary injunction Thursday barring the Department of Defense from reducing Sen. Mark Kelly's retirement grade or pay while Kelly's Jan. 12 lawsuit proceeds, according to court documents.
The case stems from Secretary of Defense Pete Hegseth's Jan. 5 censure and a Pentagon review after a Nov. 18 video featuring Kelly and five other Democratic veterans urging service members to refuse unlawful orders, according to court filings.
Defense Secretary Pete Hegseth said in an X post the government will 'immediately appeal' the ruling and called the video 'sedition,' while Sen. Mark Kelly said in a video statement that the injunction vindicates veterans' free-speech rights, according to their public posts.
Judge Leon wrote that Kelly is 'likely to succeed on the merits' and said the Pentagon's actions 'threatened the constitutional liberties of millions of military retirees,' and he described the government's arguments as 'anemic' and 'horsefeathers,' according to the opinion.
The injunction is preliminary and may be overturned on appeal, court documents note prosecutors could still pursue criminal or administrative actions, and the judge ordered the parties to provide a status update to the court in 30 days.
Analysis
Center-leaning sources frame this story as a defense of First Amendment and institutional limits on the administration’s actions, foregrounding Judge Leon’s sharp language ('trampled...threatened constitutional liberties') and the grand jury's failure to indict. They emphasize legal rebuke and civil-liberties implications while giving shorter space to Pentagon justifications and Hegseth’s posture.
FAQ
The 90-second video, posted by Sen. Elissa Slotkin, featured Sen. Mark Kelly and five other Democratic veterans urging U.S. service members to refuse unlawful or illegal orders.
Kelly was the only lawmaker in the video who was formally retired from the military and thus under Pentagon jurisdiction, leading to a censure on Jan. 5 and a review to demote his rank and cut retirement pay.
Judge Leon issued a preliminary injunction barring the Pentagon from demoting Kelly's retired rank of captain or reducing his pay, stating Kelly is likely to succeed on First Amendment merits and describing the government's arguments as weak.
Hegseth posted on X that the government will immediately appeal the ruling and called the video 'sedition,' echoing President Trump's accusation of sedition.
The injunction is preliminary and subject to appeal; parties must update the court in 30 days, and prosecutors could still pursue criminal or administrative actions.
