A federal judge agreed Thursday to temporarily block the Pentagon from punishing Democratic Sen. Mark Kelly, a former Navy pilot, for participating in a video that called on troops to resist unlawful orders.
U.S. District Judge Richard Leon ruled that Pentagon officials violated Kelly's First Amendment free speech rights and “threatened the constitutional liberties of millions of military retirees.”
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Kelly, who represents Arizona, sued in federal court to block his Jan. 5 censure from Defense Secretary Pete Hegseth. He said Thursday that the judge's decision "made clear" that Hegseth violated the constitution.
“I didn’t ask for this fight, but I have been defending the Constitution since I was commissioned as an Ensign in the U.S. Navy," Kelly said in a statement obtained by Scripps News. "After decades of public service, I can’t think of anything more important I can do for my country than defending the free speech rights of millions of retired veterans and all Americans."
“I appreciate the judge’s careful consideration of this case, and the clarity of his ruling. But I also know that this might not be over yet, because this President and this administration do not know how to admit when they’re wrong," Kelly added. "One thing is for sure: however hard the Trump administration may fight to punish me and silence others, I will fight ten times harder. This is too important.”
In November, Kelly and five other Democratic lawmakers appeared on a video in which they urged troops to uphold the Constitution and not to follow unlawful military directives from the Trump administration.
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Republican President Donald Trump accused the lawmakers of sedition “punishable by DEATH” in a social media post days later.
Hegseth said Kelly’s censure was “a necessary process step” to proceedings that could result in a demotion from the senator’s retired rank of captain and subsequent reduction in retirement pay.
