Judge Blocks Punishment of Sen. Mark Kelly Over Military Video

Federal judge rules Defense Secretary's attempt to reduce Kelly's pension violated his First Amendment rights

Published on Feb. 12, 2026

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A federal judge has blocked Defense Secretary Pete Hegseth's bid to punish Sen. Mark Kelly over the senator's participation in a video calling on U.S. troops to refuse illegal orders. The judge ruled that the Department of Defense violated Kelly's First Amendment rights by threatening to reduce his military pension due to the comments he made in the video.

Why it matters

This case highlights the ongoing tension between free speech rights and military discipline, as well as the protections afforded to retired service members. The ruling sets an important precedent around the limitations of the government's ability to punish veterans for their political speech.

The details

U.S. District Judge Richard Leon ruled that the Department of Defense overstepped its authority in attempting to punish Sen. Kelly, a former Navy captain, for his involvement in the video. The judge noted that while active-duty servicemembers have restrictions on their free speech, those limitations do not extend to military retirees. Leon also cited a brief submitted by 41 retired officers stating that veterans are often afraid to speak out due to fear of government retaliation.

  • The video was released by Democratic lawmakers in November 2025.
  • A Washington, D.C. grand jury refused to charge Sen. Kelly and other lawmakers who participated in the video.
  • The federal judge issued his ruling blocking the Defense Department's punishment on February 12, 2026.

The players

Pete Hegseth

The current U.S. Secretary of Defense, who had sought to punish Sen. Mark Kelly over his involvement in the military video.

Mark Kelly

A U.S. Senator from Arizona and former Navy captain, who participated in a video calling on troops to refuse illegal orders.

Richard Leon

The U.S. District Judge who ruled that the Department of Defense violated Sen. Kelly's First Amendment rights by threatening to reduce his military pension.

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What they’re saying

“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. To say the least, our retired veterans deserve more respect from their government and our Constitution demands they receive it!”

— Richard Leon, U.S. District Judge

“I didn't ask for this fight, but I have been defending the Constitution since I was commissioned as an Ensign in the U.S. Navy. After decades of public service, I can't think of anything more important I can do for my country than defending the free speech rights of millions of retired veterans and all Americans.”

— Mark Kelly, U.S. Senator

What’s next

The Department of Defense is expected to appeal the judge's ruling, setting up a potential Supreme Court case on the free speech rights of military retirees.

The takeaway

This case underscores the delicate balance between military discipline and constitutional freedoms, and serves as a reminder that even retired service members maintain important First Amendment protections. The ruling is a victory for veterans' rights and sets an important precedent around the government's ability to punish former troops for their political speech.