Judge Blocks Pentagon Move Against Senator Mark Kelly

A federal judge has halted the Pentagon’s attempt to punish Senator Mark Kelly by stripping him of his military retirement rank and pension, delivering a sharp rebuke to what the court framed as a direct threat to free speech for retired service members.

In a ruling on Thursday, US District Judge Richard J Leon issued an injunction preventing the Defense Department from moving forward with disciplinary measures tied to Kelly’s public criticism of President Donald Trump. The decision stops, at least for now, a process that could have reduced Kelly’s rank in retirement and cut benefits earned during his Navy career.

Leon’s opinion went beyond the technical legal questions and directly challenged the rationale behind the Pentagon’s actions. Addressing Defense Secretary Pete Hegseth, who had announced the censure in January, the judge wrote:

“Rather than trying to shrink the First Amendment liberties of retired service members, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired service members have brought to public discussions and debate on military matters in our Nation over the past 250 years.” He added: “If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights!”

The confrontation grew out of a series of political and military flashpoints. Kelly, a Democrat representing the battleground state of Arizona and a retired Navy captain, had publicly criticised the administration’s decision to deploy troops during the June 2025 protests in Los Angeles. Months later, he appeared in a video alongside other former national security officials reminding active-duty personnel of their obligation to “refuse illegal orders”.

That message triggered a fierce response from Trump, who accused the participants of “SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP?” and later wrote: “SEDITIOUS BEHAVIOR, punishable by DEATH!” The Defense Department soon opened an investigation, with Hegseth arguing that Kelly had used “his rank and service affiliation” to undermine the armed forces and describing the video as “reckless and seditious”.

The formal letter of censure that followed was not merely symbolic. It served as the procedural basis for revisiting Kelly’s retirement status, a rare step that would have had financial consequences and, according to the senator’s lawsuit, limited his ability to perform his duties in Congress.

Kelly filed suit on January 12, calling the move “punitive retribution” and warning that it would set a precedent discouraging veterans from speaking publicly on national security issues. Leon’s ruling signals that, at least for now, the courts view the dispute less as an internal military matter and more as a constitutional test over how far a sitting administration can go in disciplining political dissent by former officers.