A federal judge on Thursday temporarily blocked War Secretary Pete Hegseth from stripping Arizona Democratic Sen. Mark Kelly of his rank and military pay.
The ruling from U.S. District Judge Richard Leon, appointed by former President George W. Bush, comes after Hegseth censured Kelly over the video he helped produce with five other Democrats urging military members to disobey “illegal orders.” In response, Kelly sued Hegseth, arguing that his First Amendment rights were violated.
In the 29-page ruling, Judge Leon wrote that Kelly’s First Amendment defense “is likely to succeed on merits,” adding, “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 said Hegseth’s argument “that military servicemembers enjoy less vigorous First Amendment protections” due to their obligations to the country has never been applied to “retired servicemembers” by a court.
“This Court will not be the first to do so!” Leon added.
Leon’s ruling means that the War Department cannot proceed with its actions against Kelly as the court continues to consider the case. Kelly, a retired Navy officer and astronaut, ripped Hegseth and President Donald Trump after Leon’s ruling was released.
“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,” Kelly said. “I also know this might not be over yet, because Trump and Hegseth can’t admit when they are wrong.”
The Daily Wire reached out to the Pentagon for comment.
In the video, the Democrats said the Trump administration “is pitting our uniformed military and intelligence community professionals against American citizens.”
“Like us, you all swore an oath to protect and defend this Constitution,” the Democratic lawmakers told U.S. service members. “Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home.”
The Trump administration labeled the video as “seditious,” with President Trump suggesting the Democrats’ behavior was “punishable by DEATH.” Trump later clarified that he was not calling for the Democrats to be executed, but added, “I think they’re in serious trouble.”
When the War Department launched its review of Kelly’s participation in the video last November, it cited a military code that makes it a crime “to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States” and “to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States.”
The Justice Department also sought to bring charges against all six Democrats involved, but earlier this week, a federal grand jury declined to sign off on an indictment. The other Democrats involved in the controversial video include Sen. Elissa Slotkin of Michigan, Rep. Jason Crow of Colorado, Rep. Maggie Goodlander of New Hampshire, and Reps. Chrissy Houlahan and Chris Deluzio of Pennsylvania. All of the Democrats who helped make the video are military veterans or former members of the intelligence community.
The video was released as Democrats — and some Republicans — condemned President Trump’s authorization of strikes against suspected drug runners in the Caribbean Sea.
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