US judge blocks Trump administration from punishing Senator Mark Kelly

In February 2026, a U.S. judge blocked the Trump administration from punishing Senator Mark Kelly, a military veteran, for criticizing President Trump. Judge Richard J. Leon, a Republican appointee, granted an injunction preventing the Department of Defense from stripping Kelly of his retirement pension and military rank. The Defense Department, led by Secretary Pete Hegseth, had censured Kelly for what they deemed "seditious" statements, including his condemnation of sending troops to quell protests and his participation in a video reminding service members to refuse illegal orders. Kelly sued the administration in January 2026, alleging "punitive retribution" for exercising his free speech rights. Judge Leon rebuked the administration, accusing them of stifling veterans' free speech and urging them to appreciate the wisdom retired service members bring to public debate.

A federal judge has blocked Secretary of Defense Pete Hegseth from demoting Senator Mark Kelly, a retired Navy captain, over a video Kelly made urging service members to refuse illegal orders. Judge Richard Leon ruled that Hegseth's attempt to lower Kelly's rank was unconstitutional retaliation, violating Kelly's First Amendment rights and those of other military retirees. The lawsuit, filed in January, argued that the demotion was in response to Kelly's criticism of the Trump administration. The government argued the case should be handled through a military process, but the judge disagreed, emphasizing the constitutional rights of retired veterans. The video in question featured Kelly and five other Democratic lawmakers, all with military or intelligence backgrounds, stating that service members can refuse illegal orders.

A US judge blocked the Pentagon from reducing Senator Mark Kelly's military rank and pension pay after he appeared in a video urging troops to reject unlawful orders. The ruling is a setback for efforts to punish perceived political enemies. Defense secretary Pete Hegseth issued a censure letter against Kelly, claiming he undermined military discipline, after Kelly and other Democratic lawmakers criticized Trump's deployment of troops in cities. Kelly then sued Hegseth's attempt to reduce his rank and pension. A grand jury also declined to indict the members of Congress featured in the video. Trump administration lawyers argued the lawsuit was premature and a matter of military discipline outside the judiciary's purview.

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.

A US federal grand jury declined to indict six Democratic lawmakers who posted a video in November urging service members to "refuse illegal orders." The Justice Department attempted to bring charges against the lawmakers, including Mark Kelly, Elissa Slotkin, and Jason Crow, but failed to convince the grand jury that a crime was committed. The decision comes after former President Donald Trump called for the lawmakers to be jailed for the video. The lawmakers maintained that the video simply quoted existing law. The New York Times and Washington Post reported the grand jury's decision, noting the rarity of federal prosecutors failing to secure an indictment in such proceedings.

A Washington DC grand jury declined to indict six Democratic lawmakers, including Elissa Slotkin and Mark Kelly, who created a video advising troops to refuse illegal orders. The lawmakers, all with military or intelligence backgrounds, faced potential charges after Donald Trump denounced the video as "seditious." Pete Hegseth, the defense secretary, also censured Kelly and attempted to reduce his rank and pension, prompting a lawsuit from Kelly alleging a violation of free speech. The lawmakers maintained that the video simply reiterated existing law, while Slotkin accused Trump of weaponizing the justice system against his political opponents. The Department of Justice had requested to interview Slotkin, but she refused and threatened to sue.