Richard Leon, a federal judge, ruled that Pete Hegseth unlawfully retaliated against Mark Kelly. The decision blocked efforts to reduce Kelly’s military retirement rank and pay.
Video Sparks Controversy
Democratic lawmakers, including Kelly, released a video in 2025. They warned service members about threats to the Constitution and urged them to refuse illegal orders.
Kelly stated in the video, “Our rules are clear. You can refuse illegal orders.” The group emphasized that dangers came from within the country. Meanwhile Hegseth labeled the statements seditious. He initiated a review of Kelly’s retirement grade in January 2026.
Hegseth posted on X, “The video made by the ‘Seditious Six’ was despicable, reckless, and false. Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline.’ Their foolish screed sows doubt and confusion — which only puts our warriors in danger.”
Legal Action Follows
Kelly sued Hegseth and the Pentagon. He argued that the actions violated his First Amendment rights and the speech and debate clause. A grand jury declined charges against Kelly and others two days before the ruling. This development preceded the court’s decision on February 12, 2026.
Judge’s Scathing Ruling
Leon issued a 29 page order. He stated, “Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees.”
Additionally, Leon wrote that the Pentagon targeted “unquestionably protected speech” entitled to “special protection.” He granted a preliminary injunction against the punishment.
Reactions from Parties
Kelly responded on social media. He declared, “Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said. I also know this might not be over yet, because Trump and Hegseth can’t admit when they are wrong.”
Kelly added in a statement, “Pete Hegseth’s unconstitutional crusade against me sends a chilling message to every retired member of the military: if you speak out and say something that the President, the Secretary of Defense doesn’t like.” Hegseth provided no immediate comment on the ruling. The administration planned an appeal.
