Judge Blocks Demotion of Senator Kelly for 'Illegal Orders' Video

Fri Feb 13 2026 00:37:40 GMT+0200 (Eastern European Standard Time)

A federal judge has halted the US Department of Defense from demoting Senator Mark Kelly, citing unconstitutional retaliation against his criticism of the military's orders.

In a landmark ruling, US District Judge Richard Leon has prevented the Secretary of Defense from demoting Senator Mark Kelly, siding with the senator's argument that the actions were retaliatory for speaking out against illegal military orders. The judge condemned the attempt to undermine Kelly's First Amendment rights as a serious violation of the constitutional freedoms that military retirees are entitled to.

A federal judge has blocked Secretary of Defence Pete Hegseth from lowering Senator Mark Kelly's rank in the military over his urging service members to refuse illegal orders.

US District Judge Richard Leon wrote in a scathing ruling that Hegseth had unconstitutionally retaliated against Kelly in seeking to demote the retired Navy captain.

It is another setback in President Donald Trump's fight against Kelly and five other Democratic lawmakers who published a video last year encouraging troops to disobey orders they deemed illegal, which he branded seditious.

Earlier this week, a grand jury declined to bring charges of seditious conspiracy that federal prosecutors had sought against the six.

Reducing Kelly's rank could lead to a major cut in his retirement pay.

Kelly, who is also a former astronaut, sued the government in January, naming Hegseth as the defendant. He argued that Hegseth had illegally tried to demote him in retaliation for criticising the Trump administration. He asked the judge to block the demotion with a temporary injunction while his lawsuit proceeded.

The federal government had argued Kelly should contest the case against him through a military process and not in a civilian court of law. However, Judge Leon disagreed, stating, I disagree.

Leon elaborated that no court has ever extended limited free speech protections applied to active service members to retirees, asserting that the attempt to decrease Kelly's rank violated his First Amendment rights and those of military retirees.

The judge wrote, This 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. He added, To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!

In the discussed video, the Democrats assert: This administration is pitting our uniformed military and intelligence community professionals against American citizens. Kelly and other Democratic officials, all of whom have served in the military or intelligence agencies, affirm the legality of refusing illegal orders.

Following the video's release, Trump claimed that the lawmakers should face criminal charges, labeling it as seditious behavior and stating on social media, PUNISHABLE BY DEATH! Trump later clarified to Fox News, I'm not threatening death, but I think they're in serious trouble. A grand jury later declined to approve charges against the lawmakers.

Hegseth has announced intentions to initiate retirement-grade determination proceedings against Kelly and has issued a formal letter of censure, criticizing his comments as seditious in nature and a violation of military justice.

Judge Leon concluded emphatically, advocating for the respect of retired service members and recognizing their contributions to national discourse on military matters.

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