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

A federal judge ruled the Pentagon's censure of Sen. Mark Kelly violates his First Amendment rights, blocking disciplinary actions and protecting speech of millions of military retirees.

  • 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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District Federal Judge Richard Leon blocked Thursday's attempt by the Pentagon to formally reprimand the Democratic Senator for Arizona, Mark Kelly, and reduce his retirement rank following the broadcast of a video in which both he and several of his colleagues urged members of the service to reject illegal orders. The federal judge acknowledged that active service personnel operate under more limited First Amendment protections to preserve mili…

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