A federal judge on Thursday temporarily blocked Secretary of War Pete Hegseth from censuring Sen. Mark Kelly (D-AZ) and lowering his retirement rank for his involvement in a video where Democrat lawmakers urged service members to refuse illegal orders. U.S. District Judge Richard Leon said Hegseth “trampled on Senator Kelly’s First Amendment freedoms.” “Rather than trying to shrink the First Amendment liberties of retired service members, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired service members have brought to public discussions and debate on military matters in our Nation over the past 250 years,” Leon wrote, according to The New York Times. “If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights!” he added. Breaking News: A judge temporarily blocked Pete Hegseth from punishing Mark Kelly for a video that warned service members not to follow illegal orders. https://t.co/30FhFDJJdL — The New York Times (@nytimes) February 12, 2026 More from The New York Times: The decision on Thursday came after Mr. Kelly sued Mr. Hegseth and the Defense Department for censuring him and initiating a military review of the senator’s public statements that could result in a reduction of his retirement rank and pension. The Justice Department had argued that the video, and public statements by Mr. Kelly criticizing Mr. Hegseth for firing admirals and generals and surrounding himself with “yes men,” undermined military discipline. But Judge Leon, a nominee of President George W. Bush, wrote that Mr. Kelly was acting within his role as a member of the Senate Armed Services Committee, exercising oversight authority over the defense secretary, and that attempts to penalize him through military channels appeared to be a tactic to skirt review by the courts. The government had argued that the beginning of the proceedings against Mr. Kelly was not reviewable by normal courts outside the military’s internal administration, and that Mr. Kelly could not preemptively challenge a military punishment until after it was determined that he would face discipline. Judge Leon dismissed that assertion, writing that attempts to constrain Mr. Kelly to a military process were designed to ensure that “the military can have the first crack at adjudicating his First Amendment rights.” The judge’s ruling follows a grand jury declining to indict the six Democrat lawmakers featured in the video. Grand Jury Makes Decision On Indictment For Democrat Lawmakers Accused Of “Seditious Behavior” In Illegal Orders Video "Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said," Kelly said. "This is a critical moment to show this administration they can't keep undermining Americans' rights. I also know this might not be over yet, because Trump and Hegseth can't admit when they are wrong," he continued. Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said. This is a critical moment to show this administration they can't keep undermining Americans' rights. I also know this might not be over yet, because Trump… pic.twitter.com/9dRe9pmeCd — Senator Mark Kelly (@SenMarkKelly) February 12, 2026 The Hill shared further: Leon found that the Pentagon’s actions against Kelly in response to the video “clearly pass the bar” for retaliation and stand to chill the speech of other veterans. The judge pointed to a friend-of-the-court brief submitted by 41 retired officers that said veterans are declining to partake in public debate out of fear of government reprisal, calling it “a troubling development in a free country.” At a hearing last week, Kelly’s attorneys argued that the Department of Defense sought to inflict “unprecedented punishment” on the senator for his protected speech, but they warned that the consequences of a ruling against Kelly could have ramifications beyond the senator. “Their rule would extend to every single retired service member in the country,” said lawyer Benjamin Mizer. The Justice Department said that the speech of veterans is more limited than that of regular civilians, contending that retirement from active service is not the same as separation from the military. DOJ lawyer John Bailey urged Kelly to see the Pentagon’s process through before involving the courts and warned that, without deference to the military, Leon risked undermining the armed forces and its internal processes.