1 of 3 | Sen. Mark Kelly, D-Ariz., and Sen. Elissa Slotkin, D-Mich., hold a press conference on a failed grand jury indictment against them at the U.S. Capitol in Washington, D.C., on Wednesday. A federal judge blocked Defense Secretary Pete Hegseth’s bid to punish Kelly on Thursday over participating in the video. Photo by Bonnie Cash/UPI | License Photo
A federal judge on Thursday blocked Defense Secretary Pete Hegseth’s bid to punish Sen. Mark Kelly over participating in a video calling on U.S. troops to refuse illegal orders.
U.S. District Judge Richard Leon ruled that the Department of Defense violated the Arizona senator’s First Amendment rights by attempting to reduce his pension over comments he made.
“This court has all it needs to conclude that defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Leon wrote. “To say the least, our retired veterans deserve more respect from their government and our Constitution demands they receive it!”
Leon’s ruling came after a Washington, D.C., grand jury refused to charge Kelly and other Democratic lawmakers who participated in the video. The lawmakers released the video in November over concerns about military actions in the Caribbean.
In his ruling, Leon noted that servicemembers have limitations to their free speech while representing their branch of the armed forces but courts have not extended those limitations to retirees.
Leon also highlighted a brief that was submitted by 41 retired officers that said veterans are avoiding speaking out over fear of retaliation by the government.
“I didn’t ask for this fight, but I have been defending the Constitution since I was commissioned as an Ensign in the U.S. Navy,” Kelly said in a statement after the ruling. “After decades of public service, I can’t think of anything more important I can do for my country than defending the free speech rights of millions of retired veterans and all Americans.”
This week in Washington
President Donald Trump holds a signed executive order directing the Defense Department to buy electricity from coal-fired power plants during an event in the East Room of the White House on Wednesday. Photo by Shawn Thew/UPI | License Photo
