A federal judge has granted a temporary injunction preventing the Pentagon from demoting Senator Mark Kelly, ruling that the administration’s attempt to punish his political speech violated the constitutional rights of military retirees.
A federal judge has blocked Defense Secretary Pete Hegseth from lowering Senator Mark Kelly’s military rank, ruling that the Pentagon unconstitutionally retaliated against the retired Navy captain. U.S. District Judge Richard Leon issued a scathing 29-page opinion, barring Hegseth from enforcing a censure or proceeding with a demotion that threatened Kelly’s retirement benefits. Leon described the government’s arguments as “Horsefeathers!” and a violation of veterans’ First Amendment rights.
The ruling is a significant blow to the administration’s efforts to punish Kelly and five other lawmakers for a video advising troops to refuse illegal orders. Earlier this week, a grand jury also declined to bring seditious conspiracy charges against the group. Secretary Hegseth vowed an immediate appeal on social media, maintaining the conduct was “seditious,” but Leon wrote, “This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms.”