Judge Blocks Pentagon Move To Demote Sen. Mark Kelly
Judge Richard Leon granted a preliminary injunction blocking Defense Secretary Pete Hegseth from enforcing a Jan. 5, 2026 censure over a Nov. 18, 2025 video urging troops they 'can refuse illegal orders.'
Overview
U.S. District Judge Richard Leon granted a preliminary injunction barring Defense Secretary Pete Hegseth from implementing or enforcing his Jan. 5, 2026 censure that could reduce the retired rank and pay of Sen. Mark Kelly.
The injunction stems from a Nov. 18, 2025 video in which Kelly and five other lawmakers told service members they 'can refuse illegal orders,' which prompted a Pentagon investigation.
Hegseth tweeted, 'This will be immediately appealed,' while Kelly said the case signaled a threat to millions of retired veterans and a Washington grand jury declined to indict the lawmakers.
The video featured six lawmakers—each a veteran or former intelligence official—and Leon wrote the defendants' actions 'threatened the constitutional liberties of millions of military retirees.'
Leon ordered the parties to update the court in 30 days and gave both parties 30 days to advise how they plan to proceed.
Analysis
Center-leaning sources report this neutrally. They foreground the court ruling and attribute strong language to speakers (e.g., Judge Leon’s "Horsefeathers!" rebuke, Trump’s "punishable by DEATH"), while presenting counterarguments from Defense lawyers and Hegseth. Coverage balances legal context, procedural steps, and competing claims without adopting evaluative language of its own.
Sources (6)
FAQ
In November 2025, Sen. Mark Kelly and five other Democratic lawmakers released a video telling military personnel that they 'can refuse illegal orders' and don't have to adhere to unlawful commands[1][2]. The video was created by veterans and former intelligence officials to inform troops about their legal rights regarding illegal orders[1].
Defense Secretary Pete Hegseth issued a letter of censure to Kelly on January 5, 2026, and launched proceedings to demote him and reduce his retirement grade and pay[2]. Hegseth had initially threatened to call Kelly back to active duty to face a court-martial, but the Defense Department ultimately pursued the demotion process instead[2].
U.S. District Judge Richard Leon ruled that Pentagon officials violated Sen. Kelly's First Amendment free-speech rights and that their actions 'threatened the constitutional liberties of millions of military retirees'[1]. The judge rejected the government's claim that Kelly was attempting to exempt himself from military justice, using the phrase 'Horsefeathers!' to express his skepticism[1].
The Justice Department sought criminal charges against the six Democratic lawmakers who created the video, but a federal grand jury in Washington rejected an indictment on Tuesday, February 10, 2026[2]. This marks the second legal setback this week for the Trump administration's campaign to punish Kelly and the other lawmakers[2].
Judge Leon ordered both parties to provide an update in 30 days and gave them 30 days to advise how they plan to proceed[1]. Defense Secretary Hegseth vowed that the ruling 'will be immediately appealed'[2], indicating the Trump administration intends to challenge the judge's decision.
History
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