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.
125 Articles
125 Articles
Pentagon Not Doing Very Well In Mark Kelly Case With The Judge
A federal judge seems inclined to rule in favor of Democratic Arizona Senator Mark Kelly, who claims the Pentagon is infringing on his freedom of speech by attempting to discipline him for encouraging U.S. military personnel to disobey unlawful commands. At Tuesday's critical court session in Washington, DC, Senior US District Judge Richard Leon appeared concerned about the Trump administration's proposal that he take the unusual approach of ext…
Mark Kelly argues Pentagon demotion threat violates his First Amendment rights
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 signals trouble for Pentagon case targeting Sen. Mark Kelly
A federal judge appeared skeptical Tuesday over the Pentagon’s effort to discipline Sen. Mark Kelly, D-Ariz., for comments he made urging service members not to follow unlawful military orders. U.S. District Judge Richard Leon questioned whether the Defense Department is attempting to extend speech restrictions that apply to active-duty service members to retired members, something he said has never been done. "You're asking me to do something …
Defense Dept. effort to punish Mark Kelly draws skepticism from judge
A federal judge on Tuesday sharply questioned the legality of the Defense Department’s efforts to censure and possibly demote Sen. Mark Kelly, a retired Navy captain, over his public criticism
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