Mark Kelly: Judge blocks Pentagon from punishing Arizona senator over 'illegal orders' video
Judge blocks Pentagon's effort to punish Mark Kelly
A federal judge on Feb. 12 issued a ruling temporarily blocking the Pentagon from punishing U.S. Senator Mark Kelly for his participation in a video that called on troops to resist unlawful orders.
WASHINGTON - A federal judge on Thursday temporarily blocked the Pentagon from punishing U.S. Senator Mark Kelly for participating in a social media video that called on active-duty troops to resist "illegal orders."
U.S. District Judge Richard Leon ruled on Feb. 12 that Pentagon officials violated Kelly's First Amendment free speech rights and "threatened the constitutional liberties of millions of military retirees."
Last month, Defense Secretary Pete Hegseth censured Kelly over the video. Kelly, a former Navy pilot, then filed a lawsuit, arguing that the censure could lead to a demotion in rank and a cut in his retirement pay.
In December, the Pentagon announced it was launching a full command investigation into Kelly over allegations of "serious misconduct."
Mark Kelly's full statement on judge's ruling
Sen. Mark Kelly, D-Ariz., speaks during the press conference with Sen. Elissa Slotkin, D-Mich., in the U.S. Capitol on Wednesday, February 11, 2026, about reports of the Department of Justice's failed grand jury indictment against them. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
What they're saying:
"Today, a federal court made clear that Pete Hegseth violated the constitution when he tried to punish me for something I said. 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.
This is a critical moment to show this administration that they can't keep undermining the freedoms that generations of Americans like me went to war to defend. The First Amendment is a foundation of our democracy. It’s how we demand better of presidents like Donald Trump – whether they are jacking up the cost of groceries with tariffs or sending masked immigration agents to intimidate American communities.
But Donald Trump and his administration don’t like accountability. They don’t like when journalists report on the consequences of their policies. They don’t like when retired veterans question them. And they don’t like when millions of everyday Americans peacefully protest. That’s why they are cracking down on our rights and trying to make examples out of anyone they can. That’s not how we do things in America.
I didn’t ask for this fight, but I have been defending the Constitution since I was commissioned as an Ensign in the U.S. Navy. After decades of public service, I can’t think of anything more important I can do for my country than defending the free speech rights of millions of retired veterans and all Americans.
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. 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."
The backstory:
Last November, Kelly and other Democratic lawmakers appeared in the video, telling members of the military, "You can refuse illegal orders."
Trump threatens Kelly with jail time over video
Dig deeper:
After the video was released, President Donald Trump threatened the lawmakers with jail time, saying the video was "seditious behavior, punishable by death."
"It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL. Their words cannot be allowed to stand - We won’t have a Country anymore!!! An example MUST BE SET," Trump wrote on Truth Social.
Sen. Mark Kelly: ‘I'm not backing down from the president and secretary of defense’
Democratic Senator Mark Kelly of Arizona says he is not backing down from President Trump and Defense Secretary Pete Hegseth after a formal censure letter was sent to Secretary of the Navy John Phelan to review the retired Navy captain's retirement rank and pay.
The Source: Information for this story was gathered from the Associated Press, a Feb. 12 ruling by U.S. District Judge Richard Leon, and previous FOX 10 reports.