A US judge has issued a preliminary ruling blocking the Pentagon from reducing Senator Mark Kelly's retired military rank and pension pay, following his involvement in a video that encouraged troops to reject unlawful orders. This decision represents a significant legal setback for former President Donald Trump's ongoing campaign against perceived political adversaries, which has faced opposition from judges across the ideological spectrum.
Background of the Case
Senator Mark Kelly, a retired navy captain and former astronaut who represents Arizona in the US Senate, was one of six congressional Democrats featured in a November video. In the clip, Kelly explicitly stated, "Our laws are clear: you can refuse illegal orders." The video was released amid Democratic criticism of Trump's deployment of national guard troops in US cities and authorization of lethal strikes on boats suspected of drug smuggling from Latin America.
In response, Trump labeled the video "SEDITIOUS BEHAVIOR, punishable by DEATH" in a social media post. Defense Secretary Pete Hegseth issued a censure letter on January 5, accusing Kelly of intending to undermine military discipline in violation of rules applicable to both active and retired personnel. Kelly filed a lawsuit against Hegseth's attempt to reduce his rank and pension just a week later.
Legal Proceedings and Rulings
Judge Richard Leon, appointed by George W. Bush, delivered the preliminary ruling, emphasizing that Hegseth had "trampled" on Kelly's first amendment rights and "threatened the constitutional liberties of millions of military retirees." Leon admonished Hegseth for his approach, urging reflection on the value of free speech contributions from retired servicemembers to public debates on military matters.
Earlier in the week, a grand jury in Washington DC declined to indict the six members of Congress involved in the video, including Kelly, Michigan Senator Elissa Slotkin, and House members Jason Crow, Maggie Goodlander, Chris Deluzio, and Chrissy Houlahan. Slotkin commented on the grand jury's decision, noting it as a sad moment when random citizens displayed more bravery in upholding the rule of law than some Senate colleagues.
Administration's Defense and Broader Implications
Trump administration lawyers had argued for dismissal of Kelly's lawsuit, calling it a "quintessential matter of military discipline" outside judicial purview and premature since Kelly had not been formally censured. They suggested he should have addressed Hegseth's allegations through administrative channels instead.
Judge Leon's ruling serves as a stark rebuke to the Trump administration and its allies' efforts to criminalize dissent. He expressed hope that the injunction would prompt a course correction in the defense department's handling of such issues, reinforcing the importance of the first amendment in protecting free speech for all citizens, including military retirees.
