Judge Rules Against Pentagon’s Actions Toward Sen. Mark Kelly

A federal judge announced on Thursday that the Pentagon cannot take action against Senator Mark Kelly (D-Ariz.), a former Navy pilot who starred in a video encouraging military personnel to defy “unlawful orders.”

U.S. District Judge Richard Leon, nominated by former President George W. Bush, had earlier criticized the Pentagon in January for infringing upon Kelly’s First Amendment rights as well as the rights of “millions of veterans.”

This ruling stops the Pentagon from demoting Kelly or lowering his pay as a retired colonel as part of an ongoing lawsuit he brought against Secretary of the Army Pete Hegseth, the Department of the Army, the Navy, and Secretary of the Navy John Phelan.

After the ruling, Hegseth expressed to X that the administration plans to appeal. He stated, “This will be immediately appealed. Instigation is instigation, Captain.”

This reaction mirrored that of former President Donald Trump, who had accused the group of “incitement at the highest level,” even suggesting severe consequences for them.

The 90-second video was originally shared by Senator Elissa Slotkin, D-Mich., along with Representatives Jason Crow from Colorado, Chris Deluzio from Pennsylvania, Maggie Goodlander from New Hampshire, and Chrissy Houlahan from Pennsylvania.

In the wake of the decision, Kelly remarked that the lawsuit serves as a message to millions of veterans about the potential repercussions they might face for speaking up.

Hegseth indicated an investigation into Kelly’s actions began because he’s the only lawmaker with a military retirement under Pentagon jurisdiction.

Judge Leon mentioned that Kelly was “likely to succeed” in his free speech claim and highlighted the irreversible damage caused.

“Instead of attempting to stifle veterans’ First Amendment freedoms, Secretary Hegseth and his colleagues should recognize the insights veterans bring to discussions about our military,” Leon stated. “Our nation’s veterans deserve more respect from the government, and the Constitution requires it!”

Kelly also suggested that this situation might not be resolved anytime soon, noting that the current administration struggles to recognize its errors.

Meanwhile, a grand jury in Washington, D.C. ruled against the Justice Department’s efforts to indict certain lawmakers related to this matter.