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BREAKING: Federal judge rules Pete Hegseth “violated the Constitution” by trying to punish Sen. Mark Kelly for speaking out.
BREAKING: Federal judge rules Pete Hegseth “violated the Constitution” by trying to punish Sen. Mark Kelly for speaking out.
*WASHINGTON — A federal judge on Thursday delivered a stinging rebuke to Defense Secretary *Pete Hegseth*, ruling that his attempt to punish Senator *Mark Kelly* for participating in a video urging military service members not to follow unlawful orders violated the Constitution.
U.S. District Judge Richard Leon, a Republican appointee, blocked ongoing Pentagon efforts to demote Kelly — a retired Navy captain and current Democratic senator — and to reduce his military retirement pay. In a written opinion, Leon said Hegseth’s actions trampled on Kelly’s First Amendment free speech rights and “threatened the constitutional liberties of millions of military retirees.”
The dispute stems from a 2025 video in which Kelly and other lawmakers, many with military backgrounds, told active-duty troops they had a legal duty to refuse unlawful orders. The Trump administration responded with sharp criticism, and Hegseth issued a formal censure and initiated proceedings that could have lowered Kelly’s retired rank and pay.
Kelly sued in federal court, arguing that punishing him for his speech violated not only the First Amendment but also constitutional protections for lawmakers and veterans. In granting a *preliminary injunction*, Judge Leon wrote that retired service members are entitled to full free-speech protections and rejected the government’s argument that military speech restrictions should apply to Kelly now that he is retired.
In a public statement after the ruling, Kelly said the case was about more than his own career, warning that Hegseth’s actions sent a “chilling message” to millions of veterans who might otherwise speak out on issues of public concern.
The administration has not signaled whether it will appeal the ruling, but legal experts say the case could return to appellate courts as both sides prepare for a broader fight over executive authority, military retiree rights, and the limits of free speech when veterans enter partisan political debates.