U.S. Judge Blocks Pentagon Move to Cut Senator Mark Kelly’s Military Rank and Pension

A U.S. federal judge on Thursday blocked the Pentagon from reducing Senator Mark Kelly’s retired military rank and pension as punishment for urging troops to reject unlawful orders. U.S. District Judge Richard Leon in Washington issued a preliminary ruling, calling Kelly’s remarks “unquestionably protected speech” under the First Amendment. Kelly, a retired Navy captain and former astronaut representing Arizona, was among several Democrats who appeared in a November video reminding service members of their legal duty to refuse illegal commands.

Judge Leon, appointed in 2002 by President George W. Bush, said penalizing a sitting U.S. senator for expressing views on military policy was unconstitutional and not a routine disciplinary matter. Kelly had sued the Trump administration after Defense Secretary Pete Hegseth issued a censure letter accusing him of undermining military discipline. The court emphasized the value of retired veterans contributing to public debate on defense issues, especially from elected officials with military experience.

The White House said the ruling would be appealed, maintaining that Kelly’s comments were dangerous, while Hegseth described the senator’s actions as “sedition.” Kelly welcomed the decision, stating the court affirmed that attempts to punish him violated constitutional protections. The dispute arose amid broader criticism from Democrats over President Donald Trump’s deployment of the National Guard in U.S. cities and authorization of lethal force against suspected drug-smuggling vessels, actions that had intensified political tensions.

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