Judge Blocks Defense Secretary's Attempt to Punish Senator for Telling Troops to Refuse Illegal Orders

The ruling is a victory for Sen. Mark Kelly in his lawsuit against the Trump administration's retaliation over his comments to the military.

Published on Feb. 12, 2026

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A federal judge issued a scathing order blocking Defense Secretary Pete Hegseth's attempt to punish Sen. Mark Kelly, D-Ariz., for telling service members "you can refuse illegal orders." The judge called the Trump administration's action a threat to the free speech rights of "millions" of military retirees and said Kelly was merely articulating "blackletter law" under the Uniform Code of Military Justice.

Why it matters

This case highlights the tension between military discipline and the free speech rights of both active-duty and retired service members, especially when it comes to elected officials providing oversight of the military. The ruling is a significant victory for Sen. Kelly and sets an important precedent around the limits of the government's ability to retaliate against those who criticize military policies.

The details

In November 2025, Sen. Kelly appeared in a video condemning President Trump's lethal boat strikes on alleged drug smugglers, telling "members of the Military and the Intelligence Community" that "our laws are clear. You can refuse illegal orders." The Trump administration, led by Defense Secretary Hegseth, then accused Kelly of "undermining the chain of command" and "counseling disobedience," threatening to reduce his retirement rank and pay grade. Kelly sued, arguing he was merely stating established law, and the judge agreed, granting him a preliminary injunction.

  • In November 2025, Sen. Kelly appeared in a video criticizing President Trump's military actions.
  • The Trump administration threatened to punish Sen. Kelly shortly after the video was released.
  • On February 10, 2026, the federal judge issued the ruling blocking the administration's actions against Sen. Kelly.

The players

Sen. Mark Kelly

A Democratic senator from Arizona and former Navy captain who was threatened with punishment by the Trump administration for telling service members they can refuse illegal orders.

Pete Hegseth

The Secretary of Defense under the Trump administration who threatened to punish Sen. Kelly for his comments to the military.

Richard Leon

A federal judge appointed by President George W. Bush who issued the ruling blocking the Trump administration's actions against Sen. Kelly.

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What they’re saying

“You don't need a weatherman to know which way the wind blows. To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!”

— Judge Richard Leon, Senior U.S. District Judge

“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 that retired servicemembers have brought to public discussions and debate on military matters in our Nation over the past 250 years.”

— Judge Richard Leon, Senior U.S. District Judge

What’s next

The judge's ruling is a preliminary injunction, so the case may continue to be litigated. It's unclear if the Trump administration will appeal the decision.

The takeaway

This case underscores the importance of protecting the free speech rights of both active-duty and retired military personnel, even when their views may be critical of the government. The ruling serves as a check on the executive branch's ability to retaliate against lawmakers who provide oversight of the military.