A federal judge blocked War Secretary Pete Hegseth’s censure of Senator Mark Kelly (D-AZ). The censure stemmed from a video directing troops not to follow what he claimed were “illegal orders” from President Trump.
Kelly then filed a lawsuit against the Pentagon and Hegseth, claiming in a social media statement that the War Department’s action threatened his “freedom of speech, the separation of powers, and due process.”
According to U.S. District Judge Richard Leon, “Secretary Hegseth relies on the well-established doctrine that military servicemembers enjoy less vigorous First Amendment protections given the fundamental obligation for obedience and discipline in the armed forces.”
“Unfortunately for Secretary Hegseth, no court has ever extended those principles to retired servicemembers, much less a retired servicemember serving in Congress and exercising oversight responsibility over the military,” Leon wrote. “This Court will not be the first to do so!”
The judge added that the court has “all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees.”
In November, the Pentagon announced that Kelly was under investigation over allegations of misconduct. “A thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures,” the Pentagon said in a statement on social media at the time. “This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings.”
