US EditionJudge seems skeptical of legal justification for Pentagon’s punishment of Sen. Mark Kelly
A federal judge expressed doubt about the Pentagon's legal basis to demote Sen. Mark Kelly for urging troops to refuse unlawful orders, highlighting First Amendment concerns.
- On Tuesday, U.S. District Judge Richard Leon questioned whether the Pentagon can lawfully censure Sen. Mark Kelly over a November video, and said he hopes to issue a ruling by next Wednesday.
- The Pentagon began investigating Kelly in late November under a law allowing retired members to face court-martial, and Defense Secretary Pete Hegseth formally censured him on Jan. 5.
- The judge noted the absence of Supreme Court precedent as U.S. District Judge Richard Leon said he knew of no case justifying punishment under the UCMJ, while Kelly's lawyer Benjamin Mizer argued no ruling supports diminished speech rights for retirees.
- Leon did not rule from the bench and said he hopes to issue a decision by February 11, while Kelly is seeking a preliminary injunction to block Hegseth's pay and rank cuts.
- Hegseth and President Donald Trump publicly attacked Kelly, who has raised $12.5 million since the video, amid legal questions described as novel by Judge Leon.
83 Articles
83 Articles
Louisiana Illuminator
First Amendment free speech rights debated in Sen. Mark Kelly’s illegal orders case
Arizona Democratic Sen. Mark Kelly outside the District of Columbia federal courthouse where his lawsuit against the Department of Defense was heard on Feb. 3, 2026. (Photo by Jennifer Shutt/States Newsroom)WASHINGTON — The federal district court judge overseeing the lawsuit Arizona Democratic Sen. Mark Kelly filed against the Department of Defense said during a Tuesday hearing he expects to issue a ruling before Feb. 11. Kelly has asked the ju…
Judge sees Hegseth bid to demote Sen. Mark Kelly as assault on free speech of veterans
WASHINGTON – The judge in Sen. Mark Kelly’s bid to avoid a post-retirement demotion from the Navy cast Defense Secretary Pete Hegseth’s moves as an assault on veterans’ free speech and the independence of Congress.
Federal judge suggests he'll block Trump admin's attempt to punish Mark Kelly
After Sen. Mark Kelly (R-Ariz.) called on troops to remember their oath to disobey illegal orders, President Donald Trump's Department of Defense (DoD) made moves to cut his military pension. Now, a judge is likely to rule that move illegal.That's according to a Tuesday article in CNN, which reported that U.S. District judge Richard Leon (an appointee of former President George W. Bush) scoffed at the DoD's argument for punishing the Arizona sen…
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