A federal judge on Thursday issued a preliminary ruling that stops the Pentagon from removing retired Sen. Mark Kelly's military rank and reducing his pension pay for comments in which he urged troops to decline unlawful orders.
The ruling came from U.S. District Judge Richard Leon in Washington and prevents the Defense Department from taking the personnel and benefits actions outlined by U.S. Defense Secretary Pete Hegseth.
The decision represents the latest legal rebuke to President Donald Trump in what the court filing framed as the president's historic campaign of vengeance against perceived political opponents - a campaign that judges across the ideological spectrum have pushed back against in recent proceedings.
Background and contested statements
Kelly, a retired Navy captain and former astronaut who serves as a U.S. senator from Arizona, was one of six congressional Democrats who appeared in a November video reminding service members of their duty to refuse unlawful directives. In the recorded clip, Kelly said:
"Our laws are clear: You can refuse illegal orders."
The remarks were issued amid heightened criticism from Democrats over President Trump's deployment of the National Guard to U.S. cities and authorization of lethal strikes on boats suspected of smuggling drugs from Latin America.
In response to the video, the Republican president posted on social media, calling the clip
"SEDITIOUS BEHAVIOR, punishable by DEATH."
Administrative action and legal challenge
On January 5, Defense Secretary Pete Hegseth sent a censure letter asserting Kelly had
"clearly intended to undermine good order and military discipline"in violation of military regulations applicable to both active and retired personnel.
Kelly filed suit to block any administrative penalties. Lawyers for the Trump administration moved to dismiss the case, arguing in a recent court filing that the dispute is a
"quintessential matter of military discipline not within the Judiciary's purview."The administration also contended the lawsuit was premature, noting Kelly has not yet been formally censured and that he should pursue administrative remedies in response to Hegseth's allegations.
The court's preliminary injunction prevents the Pentagon from enacting reductions to Kelly's retired rank and pension while the legal challenge proceeds. The ruling leaves in place the procedural question of whether administrative channels must be exhausted before judicial review, and underscores continuing tension between political leaders, the military, and federal courts.