In a biting opinion that chastised Defense Secretary Pete Hegseth, a Republican-appointed judge on Thursday blocked the Defense Department from trying to punish Sen. Mark Kelly over a video he and other Democrats made urging service members not to follow illegal orders, accusing Hegseth of “trampling” on the Arizona senator’s First Amendment rights and suggesting Hegseth should be more “grateful” for the wisdom of retired service members.
“This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Washington D.C. District Court Judge Richard J. Leon wrote in his opinion.
Leon sharply questioned Trump administration lawyers on whether there was legal precedent for the Defense Department’s attempt to demote and reduce retirement benefits for Kelly, who has been sharply critical of the White House.
“Rather than trying to shrink the First Amendment liberties of retired servicemembers, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired servicemembers have brought to public discussions and debate on military matters in our Nation over the past 250 years,” Leon wrote. “If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights! Hopefully this injunction will in some small way help bring about a course correction in the Defense Department’s approach to these issues.”
Sen. Mark Kelly speaks after departing federal court, Feb. 3, 2026, in Washington, D.C. Secretary of Defense Pete Hegseth looks on as President Donald Trump hosts a cabinet meeting in the Cabinet Room of the White House, Jan. 29, 2026.
Heather Diehl/Getty Images | Brendan Smialowski/AFP via Getty Images
The Justice Department could appeal the decision, although it’s not clear if it would. The Pentagon and Hegseth on Thursday did not immediately respond to requests for comment.
The case has drawn considerable attention as a major test of the First Amendment rights of military veterans and the government’s separation of powers. Kelly was suing the Pentagon for threatening to demote him in rank and reduce his military retirement benefits because of a video he made with other Democrats that urged troops not to comply with illegal orders, which they did not specify.
Hegseth accused Kelly of violating a federal law that prohibits undermining good order and discipline within the military and accused him of hiding behind his position as a U.S. senator to do so.
In a video posted online to social media on Thursday, Kelly said he is grateful for the judge’s opinion.
“I appreciate the judge’s careful consideration of this case and the clarity of his ruling, 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,” he said.
This is a developing story. Please check back for updates.
