WASHINGTON (AP) 鈥� A federal judge agreed Thursday to the Pentagon from punishing Democratic Sen. Mark Kelly, a former Navy pilot, for participating in that called on troops to resist unlawful orders.
U.S. District Judge Richard Leon ruled that Pentagon officials not only violated Kelly’s First Amendment free speech rights, but they also 鈥渢hreatened the constitutional liberties of millions of military retirees.鈥� The judge invoked an old-fashioned rebuke — 鈥淗orsefeathers!鈥� — in response to the government鈥檚 claim that Kelly is trying to exempt himself from the rules of military justice.
鈥淭o say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!鈥� wrote Leon, who was nominated to the bench by Republican President George W. Bush.
Kelly, who represents Arizona, to block from Defense Secretary Pete Hegseth. Leon’s the Pentagon from implementing or enforcing Kelly’s punishment while his lawsuit is pending. The judge instructed the parties to provide him with an update in 30 days.
In November, Kelly and five other Democratic lawmakers appeared on a video in which they urged troops to uphold the Constitution and not to follow unlawful military directives from the Trump administration. Republican President Donald Trump accused the lawmakers of sedition 鈥減unishable by DEATH鈥� in a social media post days later.
The court case is just one front in a broader dispute that has spiraled between the group of Democratic lawmakers and the Trump administration since they posted the video. Earlier this week, a Washington grand jury the lawmakers over the video.
Michigan Sen. Elissa Slotkin has said she has been told the Justice Department could seek a new indictment as soon as Friday. Kelly and Slotkin said at a news conference Wednesday that they are keeping all legal options on the table regarding potentially suing the administration.
Hegseth said the government will appeal Leon’s decision. 鈥淪edition is sedition, 鈥楥aptain,鈥欌�� he posted on his X account, referring to Kelly by his rank at retirement.
Leon said that Kelly 鈥渋s likely to succeed on the merits鈥� of his free speech claim. 鈥淗e has also shown irreparable harm, and the balance of the equities fall decidedly in his favor.鈥�
Hegseth said Kelly鈥檚 censure was 鈥渁 necessary process step鈥� to proceedings that could result in a demotion from the senator鈥檚 retired rank of captain and subsequent reduction in retirement pay.
The judge concluded that Kelly’s speech is entitled to full First Amendment protection.
鈥淩ather than trying to shrink the First Amendment liberties of retired servicemembers, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired servicemembers have brought to public discussions and debate on military matters in our Nation over the past 250 years,鈥� Leon wrote.
鈥淚f so,鈥� he added, 鈥渢hey will more fully appreciate why the Founding Fathers made free speech the First Amendment in the Bill of Rights!鈥�
Kelly said in a video statement posted after the ruling that the case was about more than just him and that the administration 鈥渨as sending a message to millions of retired veterans that they too can be censured or demoted just for speaking out.鈥�
He added that the ruling was unlikely the end: 鈥淭his might not be over yet, because this president and this administration do not know how to admit when they鈥檙e wrong.鈥�
The 90-second video was first posted on a social media account belonging to Slotkin. Reps. Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire and Chrissy Houlahan of Pennsylvania also appeared in the video. All of the participants are veterans of the armed services or intelligence agencies.
The Pentagon in late November, citing a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other punishment. Hegseth has said Kelly was the only one of the six lawmakers to be investigated because he is the only one who formally retired from the military and still falls under the Pentagon鈥檚 jurisdiction.
Kelly鈥檚 lawyers said the Pentagon鈥檚 censure of Kelly 鈥� and its efforts to reduce his retirement grade and pay 鈥� are an unprecedented attack on the rights of veterans to publicly debate national security issues.
鈥淒efendants assert an absolute and unreviewable authority to impose military punishment on a retired veteran and sitting United States Senator for engaging in speech a civilian political appointee dislikes. That position is as alarming as it is unprecedented,鈥� .
Government lawyers said the case 鈥渋s not about legislative independence or freedom of speech in civilian society.鈥�
鈥淚nstead, this case involves a retired military officer who seeks to use his military status as a sword and his legislative position as a shield against the consequences of his actions in military personnel matters,鈥� .
Hegseth, the Defense Department, Navy Secretary John Phelan and the Navy are named as defendants in the lawsuit.
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Associated Press writer Ben Finley contributed to this report.
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