A United States judge has granted an order preventing the Department of Defense from stripping military veteran Senator Mark Kelly of his retirement pension and military rank.
Kelly was penalized by the Department of Defense for critical statements he made against President Donald Trump.
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But on Thursday, Judge Richard J. Leon, an appointee of Republican President George W. Bush, issued a sweeping rebuke to the Trump administration, accusing it of trying to crack down on veterans’ free speech rights.
Leon directed much of his decision at Defense Secretary Pete Hegseth, a senior Trump official who announced on January 5 that Kelly would be reprimanded for making “treasonous” statements.
“Instead of trying to abridge the First Amendment freedoms of retired service members, Secretary Hegseth and his fellow defendants can reflect and be grateful for the wisdom and expertise that retired service members have brought to public discussion and debate on our nation’s military issues over the past 250 years,” Leon wrote.
“If so, they’d better appreciate why the Founding Fathers put the First Amendment into the Bill of Rights!”
Case history
Thursday’s decision comes after Kelly, a Democratic member of Congress. A case was filed On January 12, it accused the Trump administration of “punitive retaliation.”
He had drawn the ire of the Trump administration by making several public statements questioning the president’s military decisions.
Kelly, who represents the swing state of Arizona, criticized the administration for sending troops to quell protests in Los Angeles in June 2025.
Then, in November, he was one of six former members of the US military and intelligence communities who participated in a video reminding current service members of their duty to “refuse illegal orders.”
That video caught the attention of Trump and the president Issued a string Social media posts threatening imprisonment and even the death penalty.
“This is really bad, and dangerous for our country. Their words cannot stand. Treasonous behavior by traitors!!! Lock them up?” Trump wrote In a post.
in SecondHe suggested a harsher punishment: “Treasonable behavior, capital punishment!”
Shortly thereafter, the Department of Defense announced Investigation started In the video, and Kelly in particular, played his role as a retired Navy captain.
Hegseth accused Kelly of using “his rank and service affiliation” to discredit the US armed forces, and he echo Trump claims the video is “reckless and treasonous”.
His decision to write a formal letter of censure against Kelly prompted the senator to file a lawsuit.
The letter serves as a procedural step toward reducing Kelly’s military ranks upon retirement, as well as curbing his post-military benefits.
But Kelly argued that such a sentence would reduce veterans’ rights to participate in the political discourse — and further hinder his work as a member of Congress.
A judgment full of exclamations
in Thursday the rulerJudge Leon decided that Kelly was likely to prevail on the merits of his case – and, quoting folk singer Bob Dylan, added that it was easy to see why.
“This court has every reason to conclude that the defendants trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Leon said in his often scathing ruling.
“After all, as Bob Dylan famously said, ‘You don’t need a weatherman to know which way the wind blows.'”
Leone admitted that the injunction against the government was an “extraordinary measure”. But considering the seriousness of the matter, he opined that it is necessary.
The justices agreed that the Defense Department has the ability to limit the speech of active-duty military members, given the need for discipline in the military.
But the Trump administration argued in its court filings that the restrictions also extended to retired military veterans.
However, Leon refuted the statement: “Horsefeathers!”
“Retired soldiers’ speeches – even speeches on the legitimacy of the military
Operations — as in the speech of active-duty soldiers — do not threaten ‘obedience, unity, commitment, and esprit de corps,'” Leon wrote.
“Or speech by retired soldiers may not ‘diminish the effectiveness of the response to the order’ in the same way as speech by active-duty soldiers.”
Leon also acknowledged that Kelly’s role as a lawmaker in Congress exacerbated the damage any attempts to curtail his free-speech rights.
“If legislators do not feel free to express their views and the views of their constituents without fear of executive reprisal, our system of representative government cannot function!” he wrote, one of his many exclamatory statements.
The judge harshly criticized the Trump administration’s argument that Kelly’s status and retirement benefits were a military matter only, not a judicial one.
Lyon described Hegseth’s letter of reprimand as making Kelly’s sentence “fait accompli” — a foregone conclusion — because such a document cannot be appealed and can itself serve as the basis for demotion.
“Here, the retribution framework fits like a glove,” Leon said, seemingly endorsing the point of Kelly’s case.
At the second stage, “Put simply, the defendant’s response is anemic!” He rejected the government’s arguments by saying that.
The injunction granted by him is temporary and will remain in effect until the case reaches a verdict.
Trump administration response
In the wake of the injunction, Kelly said on social media that a short-term victory is a victory for all military veterans.
“Today a federal court made it clear that Pete Hegseth violated the Constitution when he tried to punish me for something I said,” Kelly said. Video statement
“But this case was never just about me. This administration was sending a message to millions of retired veterans that they, too, could be censured or demoted just for speaking out.”
He added that the US was facing a “critical moment” in its history, warning of the erosion of fundamental rights.
Kelly then accused the Trump administration of “compromising our rights and trying to make examples of anyone they can.” He also admitted that the legal showdown has only just begun.
“I appreciate the judge’s careful consideration of this case,” Kelly said. “But I also know it’s not over yet, because this president and this administration don’t know how to admit when they’re wrong.”
Within hours of Kelly’s post, Hegseth himself A the message On social media, the Trump administration continues to confirm that it will move forward with opposition to Thursday’s decision.
“It will be immediately appealed,” Hegseth said of the injunction. “Treason is treason, ‘Captain’.”
Kelly is considered the Democratic contender for the presidency in 2028.