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A federal judge on Thursday ruled the Pentagon cannot punish Sen. Mark Kelly, D-Ariz., a retired Navy pilot, for taking part in a video that called on U.S. military members to defy “illegal orders.”
U.S. District Judge Richard Leon, appointed by former President George W. Bush, found the Pentagon violated Kelly’s First Amendment right to free speech, and those of “millions of military retirees,” by censuring him Jan. 5.
Leon’s ruling blocks the Pentagon from demoting Kelly’s retired military rank of captain or reducing his pay during an ongoing lawsuit he brought against War Secretary Pete Hegsesth, the Department of War, the U.S. Navy, and Navy Secretary John Phelan.
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Following the judge’s decision, Hegseth took to X saying the administration will appeal.
“This will be immediately appealed,” he wrote in the post. “Sedition is sedition, ‘Captain.’”
His response echoed that of President Donald Trump, who previously accused the group of “sedition at the highest level,” further suggesting they should be executed.
The 90-second video, first posted by Sen. Elissa Slotkin, D-Mich., also featured military veteran Reps. Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire and Chrissy Houlahan of Pennsylvania.
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Hegseth said an investigation was launched into Kelly’s actions because he was the only lawmaker formally retired from the military and under the Pentagon’s jurisdiction.
In his ruling, Leon said Kelly is “likely to succeed” in his free speech argument and has shown irreparable harm.
“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,” Leon wrote. “…To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!”
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Following the decision, Kelly said the case was sending a message to millions of retired veterans that “they too can be censured or demoted just for speaking out.”
“This might not be over yet, because this president and this administration do not know how to admit when they’re wrong,” he said.
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A grand jury in Washington, D.C., on Tuesday refused the Department of Justice’s attempt to indict the group of lawmakers.
The Associated Press contributed to this report.
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