A federal decide on Tuesday sharply questioned Justice Division attorneys whether or not there was a authorized precedent for the Protection Division’s try to punish Democratic Sen. Mark Kelly, a frequent critic of President Donald Trump.
Kelly, a retired Navy captain and former astronaut, is searching for an injunction towards the Pentagon for threatening to demote him in rank and scale back his army retirement advantages due to a video he made with different Democratic members of Congress who had served within the army or nationwide safety that urged troops to not adjust to unlawful orders.
In a closed-courtroom listening to, Choose Richard J. Leon, who was nominated to the D.C. District Courtroom by President George W. Bush, pressed the Trump administration’s authorized group on whether or not the federal government had the ability to take such motion.
“You’re asking me to do one thing the Supreme Courtroom or the DC Circuit has by no means accomplished,” Leon advised a Justice Division lawyer defending the Pentagon’s efforts.
Sen. Mark Kelly waits for the beginning of a Senate Committee on Armed Providers listening to in Washington, January 15, 2026.
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Leon stated he’s aiming to decide on Kelly’s request for a preliminary injunction by Feb. 11.
The case has drawn appreciable consideration as a significant take a look at of the First Modification rights of army veterans and the federal government’s separation of powers.
Protection Secretary Pete Hegseth accused Kelly of violating a federal regulation that prohibits undermining good order and self-discipline throughout the army and accused him of hiding behind his place as a U.S. senator to take action.
“Rather a lot is at stake,” Kelly advised reporters after the listening to. “I wore the uniform to defend this nation, to defend the Structure. Secretary Hegseth censured me and is now making an attempt to demote me for issues that I stated and for doing my job as a United States senator.”
“This administration has repeatedly gone after First Modification rights of many People. That is not how we do issues right here in america. I feel of us perceive that. That is why this case is necessary, and on this case, we’ve got the Structure on our facet.”
Trump in November posted the Democratic lawmakers who appeared within the video could possibly be prosecuted as traitors.
Secretary of Protection Pete Hegseth on the Pentagon in Arlington, Virginia, January 15, 2026.
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“Their phrases can’t be allowed to face. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???,” Trump wrote on Nov. 20 following the release of the Democrats’ video aimed toward service members.
Within the video, Kelly and the opposite Democrats didn’t present specifics on what orders they had been referencing. On the time, the Pentagon was overseeing a army marketing campaign within the Caribbean Sea and japanese Pacific Ocean that killed at the least 126 suspected drug smugglers. Authorized consultants have broadly questioned using the army to kill the alleged drug traffickers, fairly than prosecute them in federal courts.
In court docket paperwork, attorneys for the Trump administration alleged Kelly would not have the identical proper to free speech as civilians due to his standing as a retired officer. The Justice Division additionally famous that the senator hasn’t exhausted his administrative choices but.
“This case isn’t about legislative independence or freedom of speech in civilian society. As an alternative, this case includes a retired army officer who seeks to make use of his army standing as a sword and his legislative place as a defend towards the results of his actions in army personnel issues,” the Justice Division attorneys wrote on Hegseth’s behalf.
Among the many Democrats who participated within the video, Kelly is the one former service member to succeed in active-duty retirement, which requires 20 years of service. Kelly, who flew fight missions throughout Operation Desert Storm in Iraq, nonetheless receives advantages from the Protection Division, which Hegseth oversees.
Kelly says the transfer by Hegseth is political retribution.
“Pete Hegseth’s unconstitutional campaign towards me sends a chilling message to each retired member of the army: in case you communicate out and say one thing that the President, the Secretary of Protection would not like. You’ll be censured, threatened with demotion, and even prosecuted,” Kelly stated in a Jan. 12 Senate ground speech.
