A federal judge on Thursday rejected Secretary of War Pete Hegseth’s bid to demote and discipline Democrat Senator Mark Kelly over his ‘seditious’ video urging US service members to defy President Trump’s orders.
US District Judge Richard Leon, a George W. Bush appointee, accused the Trump Administration of trying to strip the First Amendment rights of retired military members.
BREAKING: Judge blocks Defense Sec. Pete Hegseth’s attempt to discipline/demote Sen. Mark Kelly over his comments re Trump-ordered boat strikes. Judge Richard Leon (GWBush) says admin is trying to strip 1st Amendment rights of military retirees. Doc: https://t.co/i2mR6JOT6X
— Josh Gerstein (@joshgerstein) February 12, 2026
Last month Senator Mark Kelly filed a lawsuit against Secretary of War Pete Hegseth.
Secretary of War Pete Hegseth previously censured Democrat Senator Mark Kelly and cut his military retirement pay over his ‘seditious’ video urging service members to defy President Trump’s orders.
Mark Kelly is one of the ‘Seditious Six’ Democrat lawmakers who urged members of the military to defy Trump’s orders.
In November, without offering any specifics, Senators Elissa Slotkin (D-MI) and Mark Kelly (D-AZ), along with Democrat Reps. Maggie Goodlander (NH), Jason Crow (CO), Chris Deluzio (PA), and Chrissy Houlahan (PA) repeatedly stated, “You can refuse illegal orders,” or “You must refuse illegal orders,” in a viral video.
The Department of War previously announced it is considering recalling Democrat Senator Mark Kelly for court-martial proceedings after he urged the military to defy President Trump’s orders.
Hegseth recently announced he was moving to demote Kelly and cut his military pension, but stopped short of a court-martial.
“Six weeks ago, Senator Mark Kelly — and five other members of Congress — released a reckless and seditious video that was clearly intended to undermine good order and military discipline,” Hegseth said.
As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice. And the Department of War — and the American people — expect justice,” Hegseth said.
“Therefore, in response to Senator Mark Kelly’s seditious statements — and his pattern of reckless misconduct — the Department of War is taking administrative action against Captain Mark E. Kelly, USN (Ret). The department has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), with reduction in his retired grade resulting in a corresponding reduction in retired pay,” Hegseth said.
“To ensure this action, the Secretary of War has also issued a formal Letter of Censure, which outlines the totality of Captain (for now) Kelly’s reckless misconduct. This Censure is a necessary process step, and will be placed in Captain Kelly’s official and permanent military personnel file,” Hegseth added.
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