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Judge blocks Hegseth, Pentagon bid to punish Mark Kelly over ‘illegal orders’ video

A federal judge ruled that disciplining Kelly violates the First Amendment, protecting free speech rights of millions of military retirees, and blocked his demotion and pay cut.

  • A federal judge in Washington temporarily blocked the Pentagon from punishing Sen. Mark Kelly, citing violations of his First Amendment rights, on Thursday.
  • The dispute began with a November social media video in which Sen. Mark Kelly and five other Democratic veterans urged service members to refuse unlawful orders, and Defense Secretary Pete Hegseth issued a Jan. 5 censure prompting Kelly to sue earlier this year.
  • In a 29-page ruling the judge rebuked the administration, authoring a scathing opinion with multiple exclamation points urging defendants to respect retired servicemembers and citing the amicus brief on veterans' fear of reprisal.
  • Leon barred enforcement and asked for a 30-day status update, prohibiting the Pentagon from punishing Kelly while the lawsuit continues and blocking demotion in retired rank and retirement pay.
  • The ruling raises questions about extending military speech limits to retirees, as Sen. Mark Kelly said `This is a critical moment to show this administration they can't keep undermining Americans' rights`.
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An American judge blocked the sanctions procedure against Democratic Senator Mark Kelly, who had suggested that the military "refusal illegal orders."

·Montreal, Canada
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A US federal judge today blocked the Pentagon's efforts to punish Democratic Senator Mark Kelly for warning US soldiers that they could refuse illegal orders from the current government, US media reported.

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Just the News broke the news in Washington, United States on Thursday, February 12, 2026.
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