From CBS News: A federal judge on Thursday blocked the Pentagon from downgrading the military retirement rank and pay of Democratic Sen. Mark Kelly of Arizona, finding that the government had “trampled on Senator Kelly’s First Amendment freedoms.”
A retired Navy captain, Kelly drew the Trump administration’s ire after he and five other Democratic lawmakers posted a video urging members of the military to “refuse illegal orders.”
U.S. District Judge Richard Leon’s order prohibits the Defense Department and the Trump administration from taking any adverse action against Kelly to reduce his retirement rank and pay.
“This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Leon wrote. “After all, as Bob Dylan famously said, ‘You don’t need a weatherman to know which way the wind blows.'”
CLICK HERE to access the ruling issued on Thursday by U.S. District Judge Richard Leon, a George W. Bush appointee.
Sen. Kelly had filed a lawsuit against Department of War Secretary Pete Hegseth after Hegseth moved to demote him and cut his military pension due to his participating in the video, which called for military and intelligence personnel to defy their Commander in Chief.
NEW: Judge Leon has blocked the Pentagon from enforcing the censure letter against Sen. Kelly, which blocked his retirement rank and pay over the ‘refuse illegal orders’ video. Leon had been skeptical of of the Pentagon’s ability to limit free speech of military retirees. pic.twitter.com/Pj1Yq7TrEO
— Fallon Gallagher (@falgallagher) February 12, 2026
Kelly celebrated his victory on Thursday in a video posted on X.
“Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said. This is a critical moment to show this administration they can’t keep undermining Americans’ rights. I also know this might not be over yet, because Trump and Hegseth can’t admit when they are wrong,” he sneered.
Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said.
This is a critical moment to show this administration they can’t keep undermining Americans’ rights.
I also know this might not be over yet, because Trump… pic.twitter.com/9dRe9pmeCd
— Senator Mark Kelly (@SenMarkKelly) February 12, 2026
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