Peter Hegseth censure of Sen. Mark Kelly blocked by judge

A federal judge on Thursday temporarily barred Defense Secretary Pete Hegseth from formally reprimanding Sen. Mark Kelly over the Arizona Democrat’s participation in a video reminding American military members that they have the right to refuse illegal orders.

Judge Rich Leon Order in U.S. District Court in Washington, D.C.it also prevents Hegseth from reducing Kelly’s US Navy rank and pay as punishment for his role in the video, for now.

Kelly retired from the Navy as a captain.

The decision comes two days after news broke that the D.C. Attorney’s Office tried and failed to persuade a federal grand jury to indict Kelly and Sen. Elissa Slotkin (D-Mich.), a former CIA analyst, on seditious conspiracy charges in connection with their participation in the video released along with four other members of Congress in November.

Leon, one harsh opinion explaining his command, He noted that Hegseth, in seeking to punish Kelly for public statements he made as a member of Congress, relied on “the well-established doctrine that members of the military service are less likely to enjoy First Amendment protections, given the fundamental obligation of obedience and discipline in the armed forces.”

“Unfortunately for Secretary Hegseth, no court has extended these principles to veterans, let alone a retired service member who serves in Congress and assumes oversight responsibility over the military,” Leon wrote.

“This Court will not be the first court to do this!”

Leon also brushed aside Hegseth’s claim that the federal district court judge “is not yet competent” to decide legal issues in the lawsuit he filed to block Kelly’s reprimand.

The judge noted that Hegseth and the other defendants argued that decisions about military personnel were “immune from judicial review” and that Kelly must first go through the military appeals process to challenge his sentence.

“I disagree,” Leon wrote.

“The Court has all it takes to conclude that Defendants trampled Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” the judge wrote. “After all, as Bob Dylan famously said, ‘You don’t need a weatherman to know which way the wind is blowing.’ “

“To say the least, our veterans deserve more respect from their Government, and our Constitution demands that respect from them!” said Leon.

kelly, a Statement published on X “Today, a federal court made clear that Pete Hegseth violated the Constitution in trying to punish me for something I said,” he said shortly after the ruling was issued.

“This is a critical moment to show this administration that they cannot continue to undermine the rights of Americans,” Kelly wrote. “I also know this may not be over yet because Trump and Hegseth cannot admit they were wrong.”

This is breaking news. Please refresh for updates.