A federal judge has temporarily blocked the Pentagon from moving forward with disciplinary action against Sen. Mark Kelly, D-Ariz., over a video in which he and several other lawmakers urged members of the military to “resist illegal orders.”
U.S. District Judge Richard Leon, appointed by President George W. Bush in 2002, ruled that the proposed action against Kelly violated rights protected under the First Amendment, according to the Associated Press.
The dispute stems from a video released last month featuring Kelly alongside Sen. Elissa Slotkin, D-Mich., and Reps. Chris Deluzio, D-Pa., Maggie Goodlander, D-N.H., Chrissy Houlahan, D-Pa., and Jason Crow, D-Colo. All six are former military or federal officials. In the video, the lawmakers reminded service members that they have the right to refuse “illegal orders” from superiors.
The message drew sharp criticism from the Trump administration. Defense Secretary Pete Hegseth announced administrative action against Kelly, accusing the retired Navy captain of engaging in “seditious” conduct. Hegseth initiated a process that could have resulted in Kelly being stripped of rank and facing a reduction in his military pension.
President Donald Trump also weighed in on the controversy, blasting the video as “SEDITIOUS BEHAVIOR, punishable by DEATH!” in a public statement reacting to the lawmakers’ message.
The Pentagon’s move to pursue administrative consequences against Kelly marked an escalation, targeting not only his political speech but also his military record as a retired officer. The potential penalties, including loss of rank and pension reduction, underscored the seriousness with which the administration viewed the video.
However, Judge Leon’s ruling puts that process on hold for now. By finding that the proposed action infringed upon First Amendment protections, the court has temporarily prevented the Pentagon from carrying out its planned discipline against Kelly.
The controversy also prompted action from the Department of Justice. Prosecutors led by U.S. Attorney for the District of Columbia Jeanine Pirro sought an indictment against the lawmakers in connection with the video. Earlier this week, however, they were unable to secure one after a grand jury declined to support the charges.
The failed indictment effort and the judge’s ruling represent significant legal hurdles for the administration’s response to the video. While the Pentagon framed the lawmakers’ remarks as crossing a line into dangerous territory, the court’s decision suggests that, at least for now, the speech falls within constitutional bounds.
The broader clash reflects ongoing tensions between the executive branch and certain Democratic lawmakers over the role of the military and the limits of political speech. For Kelly, a former Navy captain now serving in the Senate, the ruling preserves his rank and pension while the case proceeds.
With the judge’s order in place, the Pentagon is temporarily barred from enforcing its administrative action. Whether the administration will pursue further legal avenues remains to be seen, but for now, the court has sided with Kelly’s constitutional claims.
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