Federal judge blocks military demotion for criticism

Independence Journal  - U.S. District Judge Richard Leon blocked Defense Secretary Pete Hegseth from demoting Senator Mark Kelly and slashing his military retirement pay over a video urging troops to refuse illegal orders. The ruling found the Pentagon violated Kelly’s First Amendment rights and threatened constitutional liberties of millions of military retirees

Kelly, a retired Navy captain and Arizona Democrat, faced censure for “reckless misconduct” after posting the November 2025 video during military operations near Venezuela. Judge Leon emphasized no court has ever extended military speech restrictions to retired service members, especially those serving in Congress with oversight duties. 

Hegseth announced the ruling would be immediately appealed, while prosecutors may seek a new indictment after a grand jury previously failed to charge Kelly.