Judge temporarily blocks Pentagon from punishing Arizona Sen. Mark Kelly

PHOENIX – A federal judge ruled Thursday that the Pentagon violated Sen. Mark Kelly’s free speech rights by trying to punish him for advising troops to resist unlawful orders.

U.S. District Judge Richard Leon temporarily blocked the Department of Defense from demoting Kelly from his retired rank of Navy captain.

“Senator Kelly’s First Amendment claim is not only justiciable; he is likely to succeed on the merits. He has also shown irreparable harm, and the balance of the equities fall decidedly in his favor,” Leon wrote in his decision.

Leon was nominated to the bench by Republican President George W. Bush.

Defense Secretary Pete Hegseth said the government will appeal Leon’s decision. “Sedition is sedition, ‘Captain,’” he posted on his X account.

Leon wrote that Kelly “is likely to succeed on the merits” of his free speech claim. “He has also shown irreparable harm, and the balance of the equities fall decidedly in his favor.”

Kelly filed the lawsuit against Hegseth, the Department of Defense, Navy Secretary John Phelan and the U.S. Department of the Navy over their efforts to punish him for his role in a video released Nov. 18, 2025.

Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said.

This is a critical moment to show this administration they can't keep undermining Americans' rights.

I also know this might not be over yet, because Trump… pic.twitter.com/9dRe9pmeCd

— Senator Mark Kelly (@SenMarkKelly) February 12, 2026

Kelly threw the counterpunch after Hegseth announced on Jan. 5 that the Arizona Democrat had been officially censured as part of process to determine if he should be demoted.

“Today, a federal court made clear that Pete Hegseth violated the Constitution when he tried to punish me for something I said,” Kelly said in a statement after the judge ruled in his favor. “But this case was never just about me. This administration was sending a message to millions of retired veterans that they too can be censured or demoted just for speaking out. That’s why I couldn’t let it stand.”

Sen. Mark Kelly gets second legal victory in battle over video

It was the second victory for Kelly this week in legal matters pertaining to the “illegal orders” video, which prompted accusations of sedition from President Donald Trump.

The New York Times reported Tuesday that Department of Justice prosecutors failed in their attempt to get a federal grand jury to indict Kelly and the five other Democratic members of Congress who appeared in the video. Kelly called the attempt to indict him a “master alarm flashing for our democracy.”

“I appreciate the judge’s careful consideration of this case, and the clarity of his ruling,” Kelly said in Thursday’s statement. “But I also know that this might not be over yet, because this president and this administration do not know how to admit when they’re wrong. One thing is for sure: However hard the Trump administration may fight to punish me and silence others, I will fight ten times harder. This is too important.”

What did Democrats say in video that drew Trump’s ire?

Kelly appeared alongside Sen. Elissa Slotkin (Mich.) and Reps. Jason Crow (Colo.), Chris Deluzio (Pa.), Chrissy Houlahan (Pa.) and Maggie Goodlander (N.H.) in the video.

“Our laws are clear. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution,” was part of the message in the video, which showed the speakers switching off in midsentence throughout.

The six Democrats all served in the military or the intelligence community. But only Kelly came under investigation by the Pentagon because he, as a retired Navy commander receiving pay, is the only one still subject to the Uniform Code of Military Justice.

The video didn’t become blockbuster news until Nov. 20, two days after it was posted, when Trump called it “seditious behavior at the highest level” and “punishable by death” on his Truth Social account.

The Department of Defense got involved on Nov. 24 by announcing it was reviewing “serious allegations of misconduct” against Kelly and warned he could face court-martial proceedings.

The Associated Press contributed to this report.

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