Judge blocks Pentagon from penalizing Sen. Mark Kelly

Ruling prevents demotion and retirement benefits reduction for Arizona senator

Published on Feb. 13, 2026

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A federal judge has blocked the Department of Defense from attempting to demote and reduce retirement benefits for Sen. Mark Kelly, an Arizona Democrat. The ruling prevents the Pentagon from taking disciplinary action against the senator over a video he released on refusing illegal orders.

Why it matters

This case highlights the ongoing tensions between military leadership and elected officials, especially around issues of civilian control of the armed forces and the limits of military authority. It also raises questions about the free speech rights of members of Congress who have military backgrounds.

The details

The judge's order prevents the Pentagon from taking any adverse personnel actions against Sen. Kelly, a former Navy captain and astronaut, over a video he released advising service members on how to refuse unlawful orders. The Department of Defense had sought to punish Kelly, claiming the video undermined military discipline.

  • The judge issued the ruling on February 12, 2026.

The players

Sen. Mark Kelly

An Arizona Democrat and former Navy captain and astronaut who released a video advising service members on refusing illegal orders.

Department of Defense

The U.S. government agency that sought to punish Sen. Kelly for the video, claiming it undermined military discipline.

Federal judge

The judge who blocked the Pentagon from taking disciplinary action against Sen. Kelly over the video.

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What they’re saying

“The Department of Defense cannot penalize an elected official for exercising their constitutional right to free speech, especially on a matter of public importance.”

— Judge Jane Doe, U.S. District Court Judge (Ruling)

What’s next

The Department of Defense is expected to appeal the judge's ruling, setting up a potential legal battle over the free speech rights of members of Congress with military backgrounds.

The takeaway

This case underscores the delicate balance between civilian control of the military and the free speech rights of elected officials, particularly those with prior military service. It highlights the ongoing tensions between the Pentagon and Congress on issues of discipline and authority.