A U.S. judge has granted an injunction to prevent the Pentagon from stripping veteran U.S. Sen. Mark Kelly of his retirement benefits and military rank.
The Pentagon had taken punitive action against Kelly over critical comments he made about President Donald Trump.
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But on Thursday, Judge Richard J. Leon, an appointee of Republican President George W. Bush, issued a strong rebuke, accusing the Trump administration of trying to suppress veterans’ free speech rights.
Leon focused much of his ruling on Trump’s top official, Secretary of Defense Pete Hegseth, who announced on January 5 that Kelly would be condemned for his “inflammatory” comments.
“Rather than seeking to curtail veterans’ First Amendment freedoms, Secretary Hegseth and his fellow defendants might reflect on and appreciate the wisdom and expertise that veterans have brought to the public debate and discussion of our nation’s military issues over the past 250 years,” Leon wrote.
“If they did, they would have a deeper understanding of why the Founding Fathers made free speech the First Amendment to the Bill of Rights.”
History of the incident
Thursday’s decision came after Kelly, a Democratic congressman, filed a lawsuit against the Trump administration on January 12 alleging “punitive retaliation.”
He had made several public statements questioning the president’s military decisions, angering the Trump administration.
Kelly, who represents the battleground state of Arizona, had criticized the administration for sending in the military to quell protests in Los Angeles in June 2025.
And in November, he was one of six former members of the U.S. military and intelligence community who participated in a video reminding current service members of their duty to “refuse unlawful orders.”
The video quickly caught the attention of President Trump, who made a series of social media posts suggesting imprisonment or even the death penalty.
“This is really bad and dangerous to our country. We cannot let their words stand. This is sedition by traitors!!! Lock them up?” Trump wrote in one post.
Another suggested harsher penalties: “Sedition, deserves the death penalty!”
Shortly after, the Pentagon announced it had opened an investigation into the video and Mr. Kelly in particular, given his role as a retired Navy captain.
Hegseth accused Kelly of using “his rank and affiliation” to discredit the U.S. military and echoed Trump’s claims that the video was “reckless and inflammatory.”
His decision to write a formal letter of censure against Kelly prompted the senator to file a lawsuit.
Such a letter would serve as a step toward demoting Kelly’s military rank and reducing his post-retirement benefits.
But Mr. Kelly argued that such punishment would undermine veterans’ rights to participate in political debates and would also hinder their ability to serve as members of Congress.
Judgment full of exclamation points
In Thursday’s ruling, Judge Leon ruled that Mr. Kelly was likely to succeed on the merits, citing folk singer Bob Dylan and adding that it was easy to see why.
“This court has everything it needs to conclude that the defendants trampled on Senator Kerry’s First Amendment freedoms and threatened the constitutional freedoms of millions of veterans,” Leon said in his often tongue-in-cheek ruling.
“After all, as Bob Dylan famously said, ‘You don’t need a weatherman to know which way the wind will blow.'”
Mr Leon acknowledged that granting an injunction against the government was an “exceptional relief”. But it argued it was necessary given the gravity of the incident.
The judge acknowledged that the Department of Defense has the authority to restrict the speech of active-duty military personnel, considering the need for discipline among the military.
But the Trump administration argued in court filings that those restrictions also apply to veterans.
But Leon dismissed the claim, snorting, “It’s horse feathers!”
“Speeches by Veterans – Even Opinion Speeches on the Legitimacy of the Armed Forces.”
“Operations, like speeches by active-duty soldiers, do not threaten ‘obedience, unity, dedication, and the spirit of the Corps,'” Leon wrote.
“Also, a veteran’s speech cannot ‘undermine the effectiveness of response to orders’ as directly as the speech of an active duty soldier.”
Mr. Leon also acknowledged that Mr. Kelly’s role as a member of Congress compounded the harm from any attempt to limit his free speech rights.
“Our representative system of government cannot function if members cannot freely express their views and those of their constituents without fear of reprisal from the executive!” he wrote in one of his many exclamations.
The judge also sharply criticized the Trump administration’s argument that Kelly’s rank and retirement benefits were solely a military issue, not a judicial one.
Leon explained that Hegseth’s letter of reprimand makes Kelly’s punishment a “fait accompli,” or a foregone conclusion, given that such documents cannot be appealed and can themselves be grounds for demotion.
“The retaliation framework fits like a glove here,” Leon said, seeming to justify the core of Kelly’s case.
At another point, he denied the government’s argument, saying, “Simply put, the defendants’ response is anemic!”
However, the injunction he proposed is temporary and will last only until the lawsuit is resolved.
The Trump administration also responded
Following the injunction, Kelly said on social media that the short-term victory is a win for all veterans.
“Today, a federal court found that Pete Hegseth’s attempt to punish me for what I said violated the Constitution,” Kelly said in a video statement.
“But this incident was never about me. This administration was sending a message to millions of veterans that they, too, could be censured or demoted for speaking out.”
He added that the United States is facing a “critical moment” in its history and warned of the erosion of fundamental rights.
Kelly also accused the Trump administration of “suppressing our rights and trying to make an example out of everyone we can.” He also acknowledged that the legal showdown is just beginning.
“I appreciate the judge’s careful consideration of this case,” Kelly said. “But I also know that this problem may not be over yet because this president and this administration don’t know how to admit they were wrong.”
Within hours of Kelly’s post, Hegseth himself shared a message on social media confirming that the Trump administration would move forward with its efforts to challenge Thursday’s decision.
“This will be immediately appealed,” Hegseth said of the injunction. “Instigation is instigation, Captain.”
Kerry is considered the Democratic candidate for the 2028 presidential election.
