Federal Judge stops Pentagon from punishing Sen Mark Kelly, slams 'trampled' rights

WASHINGTON, DC: A federal judge on Thursday, February 12, ruled that the Trump administration violated Sen Mark Kelly's First Amendment rights, blocking Defense Secretary Pete Hegseth’s attempt to reprimand the Arizona Democrat and retired Naval officer.

US District Judge Richard Leon wrote that the administration had “trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees.”

Judge asserts retired service members deserve more respect 

Quoting Bob Dylan, Leon added, “You don’t need a weatherman to know which way the wind blows,” asserting that retired service members “deserve more respect from their Government” and that the Constitution demands it.

Leon said that the Defense Department should value the contributions retired military leaders bring to public debate.

“Rather than trying to shrink the First Amendment liberties of retired service members, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired service members have brought to public discussions and debate on military matters in our Nation over the past 250 years,” the judge wrote.

He expressed hope that the injunction would prompt a “course correction” within the Defense Department.

The Pentagon did not immediately respond to a request for comment.

Pentagon targeted Mark Kelly over video remarks

In January, Hegseth announced that the Pentagon was moving to downgrade Kelly’s retirement rank and pay, citing what he called the senator’s “seditious statements.”

The remarks stemmed from a video featuring Kelly and five other Democratic lawmakers, all of whom had previously served in the military or intelligence community.

The group included Reps Jason Crow of Colorado, Maggie Goodlander of New Hampshire, Chris Deluzio and Chrissy Houlahan of Pennsylvania, and Sen Elissa Slotkin of Michigan.

In the video, the lawmakers accused the administration of turning military and intelligence professionals against American citizens.

“Like us, you all swore an oath to protect and defend this Constitution,” they said. “Right now, the threats coming to our Constitution aren’t just coming from abroad but from right here at home.”

They added: “Our laws are clear. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution.”

President Donald Trump accused the six Democrats of “seditious behavior” and warned that they were “in serious trouble.”

Lawsuit invoked speech and debate protections

Kelly filed a suit in January, arguing that Hegseth’s actions violated both his First Amendment rights and the Constitution’s Speech and Debate clause, which protects lawmakers from punishment for official acts.

Following Thursday’s ruling, Kelly said the decision was about more than his own case. “The judge made clear that Pete Hegseth violated the Constitution when he tried to punish me for something I said,” Kelly wrote on X. “But this case was never just about me.”

“This administration was sending a message to millions of retired veterans that they, too, can be censured or demoted just for speaking out. That’s why I couldn’t let it stand,” he added.