Judge bars Pentagon from punishing Sen. Kelly over 'illegal orders' video

Dave Goldiner, New York Daily News on Feb 12, 2026

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A federal judge Thursday blocked the Pentagon from punishing Sen. Mark Kelly, D-Ariz., for appearing in a social media video that urged U.S. troops not to obey illegal orders.

District Judge Richard Leon ruled that Pentagon officials violated the retired Navy pilot’s free-speech rights by taking steps to cut his retirement rank and pay over the message to active duty service members joined by several Democratic lawmakers who are military veterans.

The judge didn’t mince words in his ruling, declaring “horsefeathers!” in response to the military’s claim that Kelly is trying to skirt the rules of military justice.

“To say the least, our retired veterans deserve more respect from their government, and our Constitution demands they receive it!” wrote Leon, who was nominated to the bench by Republican President George W. Bush.

Kelly, who represents Arizona, sued in federal court to block his Jan. 5 censure from Defense Secretary Pete Hegseth, who called the move a first step to demotion and a cut in retirement pay for the retired captain and hero astronaut.

Leon’s order prohibits the Pentagon from enforcing Kelly’s punishment while his lawsuit is pending.

“This is a critical moment to show this administration they can’t keep undermining Americans’ rights,” Kelly posted on X after the ruling.

The effort to punish Kelly, a potential 2028 presidential hopeful, and five other Democratic lawmakers was spurred by a video reminding troops of their duty not to follow unlawful military directives from the Trump administration.

The clip didn’t mention any specific actions, but Trump has launched a highly controversial campaign against alleged drug boats in the Caribbean and has also suggested he might order troops into the streets of American cities to bolster his anti-immigration push.

Trump countered the video by accusing the lawmakers of sedition “punishable by DEATH” in a social media post days later.

“Rather than trying to shrink the First Amendment liberties of retired servicemembers, Secretary Hegseth and his fellow defendants might reflect and be grateful for the wisdom and expertise (of) retired servicemembers,” Leon wrote.

“If so,” he added, “they will more fully appreciate why the Founding Fathers made free speech the First Amendment in the Bill of Rights!”

The Kelly court case is just one front in a broader dispute that has spiraled between the Democratic lawmakers and the Trump administration since they posted the video.

Earlier this week, a Washington, D.C., grand jury rebuked Trump prosecutors and declined to indict the lawmakers over the video, but Sen. Elissa Slotkin, D-Mich., said the Justice Department could seek a new indictment as soon as Friday.

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