A federal judge Thursday blocked Department of War Secretary Pete Hegseth from punishing Democratic Arizona Sen. Mark Kelly over his role in a viral November 2025 video urging U.S. service members to not follow “illegal orders.”
U.S. District Judge Richard Leon — an appointee of former President George W. Bush — issued a preliminary injunction blocking Kelly, a retired Navy captain, from having his military rank demoted and his retirement pay reduced. The decision is the latest rebuff of the Trump administration’s efforts to penalize the six Democrats who participated in the video.
Leon referred to the Pentagon’s efforts as “horsefeathers!” noting the push to punish Kelly is “a troubling development in a free country!”
“This Court has all it needs to conclude that Defendants have trampled on Sen. Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Leon wrote. “To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!”
Kelly told reporters Thursday that the law and constitution were “on my side” and Leon “clearly articulated” Hegseth was attempting to violate the First Amendment rights of millions of retired service members.
“This is not just about me and I’m not fighting because this is just affecting me personally. I’m fighting because there are millions of retired service members, who by the way, I have heard from many of these people that have changed what they say and do because of how this president is acting toward me,” the Arizona Democrat said.
Kelly’s upper chamber colleague, Democratic Michigan Sen. Elissa Slotkin who was also in the video, told the Daily Caller News Foundation that the judge’s decision was “great” before giving Kelly a quick hug as he spoke to reporters.
“It’s yet another win back to back with the grand jury decision for democracy and free speech, and right now, average citizens and average judges are holding up democracy in a way that our president can’t,” Slotkin told the DCNF.
A Washington, D.C. grand jury on Tuesday rejected the Justice Department’s attempt to indict the six Democrats, who all have military and intelligence experience. Kelly and Slotkin participated in the video alongside House Reps. Jason Crow of Colorado, Chris Deluzio of Pennsylvania and Maggie Goodlander of New Hampshire.
“If these fuckers think that they’re going to intimidate us and threaten and bully me into silence, and they’re going to go after political opponents and get us to back down, they have another thing coming,” Crow said on Tuesday following the failed indictment.
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