Judge seems skeptical of legal justification for Pentagon’s punishment of Sen. Mark Kelly

Associated Press (AP)CenterEN 3 min read 100% complete by By MICHAEL KUNZELMANFebruary 4, 2026 at 01:53 AM

AI Summary

medium article 3 min

A federal judge expressed skepticism regarding the Pentagon's legal justification for censuring Senator Mark Kelly, an Arizona Democrat and retired Navy pilot. The censure stemmed from Kelly's participation in a videotaped plea urging troops to resist unlawful orders from the Trump administration. During a court hearing on Tuesday, February 3, 2026, Kelly's attorneys argued that the Pentagon's actions violated his First Amendment free speech rights. Judge Richard Leon questioned the Justice Department attorney's argument that retired military members are subject to the Uniform Code of Military Justice, suggesting it lacked Supreme Court precedent. The judge did not immediately rule on Kelly's request to block the Pentagon from further punishment.

Key Entities & Roles

Key Player Opposition Context

Congress 30% Justice Department 30% U.S. Navy 40% John Bailey ×340% Pete Hegseth 40% U.S. Supreme Court ×250% Trump administration 50% Washington ×260% Arizona 60% Richard Leon ×270% Pentagon ×480% Mark Kelly ×890%

Keywords

sen. mark kelly 100% pentagon 90% first amendment 80% free speech 70% legal justification 70% censure 70% uniform code of military justice 60% retired military 60% judge richard leon 50% unlawful orders 40%