A federal judge has halted the Defense Department’s effort to censure Sen. Mark Kelly, ruling that the Trump administration violated the retired Navy captain’s First Amendment rights. As detailed by The Washington Post, U.S. District Judge Richard J. Leon ordered Defense Secretary Pete Hegseth to stop all pending disciplinary proceedings against the Arizona Democrat.
The dispute stems from a social media video Kelly and five other Democratic lawmakers released last year, reminding active duty service members that they may refuse unlawful orders. The message drew criticism from President Donald Trump and came amid the administration’s use of armed forces in Democratic led cities and maritime drug interdiction operations in the Caribbean Sea and Pacific Ocean.
Hegseth issued a formal censure letter last month, accusing Kelly of undermining the chain of command, counseling disobedience, and engaging in conduct unbecoming of an officer. Had the process continued, Kelly could have faced a reduction in rank and cuts to his military retirement benefits.
A judge ruled the administration violated Kelly’s First Amendment rights
Kelly served 24 years in the Navy, flying combat missions over Iraq and later becoming an astronaut before retiring in 2011. He left the service months after his wife, former Rep. Gabrielle Giffords, survived a shooting at a constituent event.
Judge Leon, who was nominated to the federal bench by President George W. Bush, wrote in a 29-page opinion that the administration had “trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees.” The ruling landed as Congress was also debating a House voter ID bill. He emphasized that while speech restrictions apply to active duty service members, federal courts have not extended those limits to retirees.
Leon urged the Defense Secretary to recognize the role retired service members have played in public debate for more than two centuries. He wrote that doing so would help officials appreciate why free speech was enshrined as the First Amendment in the Bill of Rights.
Kelly’s attorneys argued the lawmakers were reiterating established military law. Under the Uniform Code of Military Justice, orders are presumed lawful except in cases involving patently illegal directives, such as those requiring the commission of a crime. They also cited remarks Hegseth made in 2016 stating that there are consequences for actions that are completely unlawful.
The Justice Department is expected to appeal. A department attorney argued in court that Congress allows military retirees to be recalled to active duty and remain subject to the Uniform Code of Military Justice, and warned that granting the injunction would interfere with an ongoing military disciplinary process. The argument comes amid a Canada tariff emergency vote that has kept the administration’s use of executive authority in the spotlight.
The injunction came two days after a federal grand jury in Washington, D.C., declined to indict Kelly and the five other lawmakers over the video.
Published: Feb 12, 2026 07:00 pm