Federal Judge Blocks Pentagon’s Attempt to Punish Senator Kelly
A U.S. District Judge has temporarily blocked the Pentagon, led by Defense Secretary Pete Hegseth, from punishing Senator Mark Kelly for publicly calling on troops to resist unlawful orders. The ruling, issued on Thursday, February 12, 2026, centers on a video featuring Kelly and other Democratic lawmakers urging service members to question and potentially refuse illegal commands.
The Core of the Dispute: Challenging Authority
The controversy stems from a video released in November, where Senator Kelly and five other Democratic members of Congress encouraged active-duty military personnel and intelligence officials to defy “illegal orders.” Examples cited included the use of military force against peaceful protestors and actions deemed violations of international law. This sparked a strong reaction from former President Donald Trump, who labeled the senators “traitors” and even threatened them with the death penalty.
Defense Secretary Hegseth initiated proceedings that could have resulted in Kelly’s demotion in military rank and a reduction in his retirement benefits. Kelly subsequently filed a lawsuit arguing that the Pentagon’s actions were unlawful and a violation of his constitutional rights.
First Amendment Rights and Military Discipline
Judge Richard Leon sided with Kelly, asserting that Hegseth and the Pentagon had infringed upon Kelly’s First Amendment rights to free speech and potentially jeopardized the constitutional liberties of millions of military retirees. The judge indicated that Kelly’s lawsuit was likely to succeed on its merits.
According to court documents, Hegseth accused Kelly of bringing discredit to the armed forces. However, Judge Leon’s ruling emphasized the importance of protecting dissent and the right to question authority, even within the military context.
Hegseth Vows to Appeal
Defense Secretary Hegseth has announced his intention to appeal the judge’s decision, stating via social media, “Insurrection is insurrection, Captain.” This suggests a firm stance against what he perceives as undermining military discipline and potentially inciting disobedience.
Kelly’s Background and Response
Senator Mark Kelly is a former U.S. Navy pilot and NASA astronaut. He flew as commander of the Space Shuttle Endeavour to the International Space Station in 2011. Kelly welcomed the court’s decision, stating that it affirmed Hegseth’s actions were unconstitutional and a clear attempt to silence him.
Implications for Future Cases
This case sets a precedent regarding the extent to which the military can discipline retired officers for expressing opinions on matters of public concern. It raises questions about the balance between maintaining military order and protecting First Amendment rights, particularly when those rights involve challenging government policies.
FAQ
Q: What specifically did Senator Kelly and the other lawmakers say in the video?
A: They urged troops to resist unlawful orders, citing examples like using the military against protestors and actions violating international law.
Q: What is Defense Secretary Hegseth’s position on the matter?
A: Hegseth believes Kelly’s actions were insubordinate and intends to appeal the judge’s ruling.
Q: What was the basis of Judge Leon’s decision?
A: The judge ruled that the Pentagon violated Kelly’s First Amendment rights and threatened the constitutional liberties of military retirees.
Q: What is the potential outcome of this case?
A: If the appeal fails, the Pentagon will be prevented from punishing Senator Kelly. The case could too establish legal precedents regarding free speech for retired military personnel.
Did you know? Senator Kelly’s background includes service as a combat pilot and a mission to the International Space Station.
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