Judge temporarily blocks Pentagon from punishing Sen. Mark Kelly for call to resist unlawful orders

Associated Press (AP)EN 4 min read 100% complete by By MICHAEL KUNZELMAN and JOEY CAPPELLETTIFebruary 12, 2026 at 07:23 PM

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A federal judge has temporarily blocked the Pentagon from punishing Senator Mark Kelly for participating in a video that called on troops to resist unlawful orders. Judge Richard Leon ruled that Pentagon officials violated Kelly's First Amendment free speech rights and threatened the constitutional liberties of millions of military retirees. Kelly, a former Navy pilot, sued the Pentagon after being censured by Defense Secretary Pete Hegseth in January. The judge's order prohibits the Pentagon from implementing or enforcing Kelly's punishment while his lawsuit is pending. The dispute began when Kelly and five other Democratic lawmakers appeared on a video urging troops to uphold the Constitution and resist unlawful military directives from the Trump administration. A Washington grand jury declined to indict the lawmakers earlier this week.

Key Entities & Roles

Key Player Opposition Context

George W. Bush 40% Arizona 40% Washington ×360% Pete Hegseth ×260% Donald Trump ×260% United States 70% Richard Leon ×270% Pentagon ×380% Mark Kelly ×590%

Keywords

sen. mark kelly 100% unlawful orders 90% pentagon 80% free speech 70% first amendment 70% federal judge 70% lawsuit 60% defense secretary pete hegseth 60% trump administration 50% military retirees 50%