A U.S. district judge has blocked Defense Secretary Pete Hegseth’s attempt to discipline retired Navy Capt. and Democratic Sen. Mark Kelly, ruling the administration cannot penalize him over a video urging troops to refuse unlawful orders.
By yourNEWS Media Newsroom
A federal judge on Thursday rejected Secretary of War Pete Hegseth’s effort to demote and formally discipline Democratic Sen. Mark Kelly over a video in which Kelly and other lawmakers told U.S. service members they must refuse illegal orders.
U.S. District Judge Richard Leon, appointed by President George W. Bush, ruled against the administration’s bid to proceed with administrative action targeting Kelly’s retired military status. According to reporting highlighted in a post by journalist Josh Gerstein, available here, Leon said the administration was attempting to strip First Amendment protections from military retirees.
“Judge blocks Defense Sec. Pete Hegseth’s attempt to discipline/demote Sen. Mark Kelly over his comments re Trump-ordered boat strikes,” the post stated. “Judge Richard Leon (GWBush) says admin is trying to strip 1st Amendment rights of military retirees.”
Last month, Kelly filed suit against Hegseth after the Department of War moved to censure him and initiate proceedings that could reduce his retired rank and corresponding pension.
The dispute stems from a video released in November by Kelly and five other Democratic lawmakers — Sens. Elissa Slotkin (D-MI) and Mark Kelly (D-AZ), along with Reps. Maggie Goodlander (D-NH), Jason Crow (D-CO), Chris Deluzio (D-PA), and Chrissy Houlahan (D-PA). In the video, the lawmakers repeatedly stated: “You can refuse illegal orders,” and “You must refuse illegal orders.”
Hegseth previously described the video as “reckless and seditious,” arguing it undermined military discipline.
“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 added.
The Pentagon initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), which allows review of a retiree’s rank for purposes of pension calculation.
“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,” he added.
The Department of War had also indicated it was considering recalling Kelly for potential court-martial proceedings but ultimately stopped short of pursuing that course, opting instead for administrative measures.
Judge Leon’s ruling prevents the department from moving forward with the demotion and related penalties while the legal challenge proceeds.
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