A federal judge ruled Thursday that the Pentagon cannot punish Sen. Mark Kelly, D-Ariz., a retired Navy pilot, for his participation in a video calling on U.S. military members to disobey “illegal orders.”
U.S. District Judge Richard Leon, appointed by former President George W. Bush, ruled that the Pentagon violated Kelly’s First Amendment right to free speech and that of “millions of military retirees” by censoring him on Jan. 5.
Leon’s ruling prevents the Pentagon from demoting Kelly’s retired military rank of captain or reducing his pay amid an ongoing lawsuit he has filed against Secretary of War Pete Hegsesth, the War Department, the U.S. Navy and Secretary of the Navy John Phelan.
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After the judge’s decision, Hegseth told X that the administration will appeal.
“This will be appealed immediately,” he wrote in the post. “Sedition is sedition, ‘Captain.’”
His response echoed that of President Donald Trump, who previously accused the group of “sedition at the highest level” and further suggested they should be executed.
The 90-second video, first posted by Sen. Elissa Slotkin, D-Mich., also featured military veteran Reps. Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire and Chrissy Houlahan of Pennsylvania.
After the decision, Kelly said the case sends a message to millions of retired veterans. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
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Hegseth said an investigation into Kelly’s actions was launched because he was the only lawmaker who had formally retired from the military and fell under the jurisdiction of the Pentagon.
In his ruling, Leon said Kelly was “likely to succeed” in his free speech argument and that he had caused irreparable damage.
“Rather than seeking to limit the First Amendment freedoms of retired military personnel, Secretary Hegseth and his co-defendants could reflect on and be grateful for the wisdom and expertise that retired military personnel have brought to public discussions and debates on military matters in our nation over the past 250 years,” Leon wrote. “…To say the least, our retired veterans deserve more respect from their government, and our Constitution demands that they receive it!”
War Secretary Pete Hegseth is named in the lawsuit along with other defendants. (Julia Demaree Nikhinson/AP)
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After the decision, Kelly said the case sent a message to millions of retired veterans that “they too can be censored or demoted just for speaking out.”
“This may not be over yet because this president and this administration don’t know how to admit they’re wrong,” he said.
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A grand jury in Washington DC on Tuesday rejected the Justice Department’s attempt to indict the group of lawmakers.
The Associated Press contributed to this report.
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