A stunning legal victory unfolded Thursday as a federal judge decisively sided with Senator Mark Kelly, a retired Navy pilot, against the Pentagon. The core of the dispute? An attempt to punish Kelly for participating in a video urging service members to question unlawful commands.
Judge Richard Leon, a Bush appointee, delivered a scathing rebuke of the Pentagon’s actions, declaring they violated Kelly’s First Amendment rights – and, crucially, the rights of countless other military retirees. The judge’s ruling effectively halts any attempt to demote Kelly’s retired rank or reduce his pay while his lawsuit proceeds.
The lawsuit itself targets War Secretary Pete Hegseth, the Department of War, the U.S. Navy, and Navy Secretary John Phelan. It stemmed from a 90-second video initially shared by Representative Elissa Slotkin, featuring several veteran lawmakers voicing concerns about potentially illegal orders.
Hegseth immediately signaled his intent to fight the ruling, announcing an appeal on social media with a pointed accusation of “sedition.” This response mirrored earlier, even more extreme rhetoric from former President Donald Trump, who had previously called for harsh penalties, including execution, for those involved.
The Pentagon’s focus on Kelly, according to Hegseth, was due to his unique position as the only lawmaker still formally retired from the military and therefore subject to their jurisdiction. This distinction proved pivotal in the judge’s assessment of the case.
Judge Leon was unequivocal in his assessment, stating Kelly was “likely to succeed” in his free speech argument and had already suffered irreparable harm. He sharply criticized the attempt to stifle the voices of retired servicemembers, emphasizing their valuable contributions to national discourse.
“Rather than trying to shrink the First Amendment liberties of retired servicemembers,” Leon wrote, “Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise…they have brought to public discussions.” He concluded that veterans “deserve more respect from their Government, and our Constitution demands it!”
Senator Kelly expressed relief at the ruling but warned it might not be the end of the battle. He voiced concern that the administration’s tendency to avoid admitting error could prolong the legal fight, potentially impacting millions of retired veterans who fear retribution for speaking out.
Adding another layer to the unfolding drama, a grand jury in Washington, D.C., had already rejected the Department of Justice’s attempt to indict the group of lawmakers involved in the video, signaling a potential lack of consensus on the legal merits of the case.
The judge’s decision represents a significant defense of First Amendment rights, particularly for those who have served their country and continue to offer their perspectives on critical national issues. It sets a powerful precedent regarding the limits of government authority over the speech of military retirees.
