A federal judge has ruled against the Pentagon’s attempt to downgrade the military retirement rank and benefits of Senator Mark Kelly, a Democrat from Arizona, emphasizing that the government’s actions infringed on Kelly’s First Amendment rights. This decision was made by U.S. District Judge Richard Leon, who stated that the Defense Department’s punitive actions jeopardized the constitutional freedoms of not just Kelly, but potentially millions of military retirees.
The dispute stems from Kelly, a retired Navy captain, and five other Democratic lawmakers who faced backlash from the Trump administration after they released a video encouraging military personnel to “refuse illegal orders.” In response to this video, which was published in November amid increasing military tension surrounding Venezuela, President Trump and Defense Secretary Pete Hegseth verbally condemned the lawmakers, with Trump asserting that their remarks amounted to “seditious behavior.”
Judge Leon’s ruling came after Kelly filed a lawsuit against Hegseth, claiming that the Trump administration was targeting him with “extreme rhetoric and punitive retribution.” The judge prohibited any adverse actions that would reduce Kelly’s military retirement benefits, arguing that extending limitations on free speech to retired military personnel had not been established in any legal precedent.
This decision follows a recent failure by federal prosecutors to indict Kelly and the additional lawmakers for alleged violations related to their comments about military orders. The administration had suggested that their instructions constituted a form of insubordination. Notably, while Kelly was facing severe repercussions, the other Democratic lawmakers, who are also veterans or intelligence community members, experienced no consequences as they do not receive military retirement pay.
In expressing his satisfaction with the ruling, Kelly remarked, “This case was never just about me… This administration was sending a message to millions of retired veterans that they too can be censured or demoted just for speaking out.” He stressed his commitment to fight back against what he termed the unjust attempts to silence dissenting voices.
Judge Leon highlighted the unprecedented nature of the Pentagon’s actions towards retirees. At a recent hearing, he challenged the Justice Department’s arguments, clarifying that the government had not provided legal support for such actions against retired service members.
Leon’s ruling underscores a pivotal moment for First Amendment rights within military contexts, particularly regarding the protections afforded to retired personnel. The decision serves as a safeguard against punitive actions that could threaten the rights of individuals who have served in the military, even after their retirement.