A federal judge in Washington, D.C., has approved Senator Mark Kelly‘s request for a preliminary injunction against Pete Hegseth, following a lawsuit filed by the Arizona Democrat. The lawsuit alleges that Hegseth, the defense secretary, is attempting to punish Kelly for exercising his political speech rights. The ruling signifies a significant legal victory for Kelly, who has served as a Navy Captain.
In January 2023, Kelly initiated legal action against Hegseth just one week after the defense secretary moved to formally censure him. This censure followed Kelly’s participation in a video where he, along with several Democratic lawmakers, informed U.S. servicemembers that they have the right to refuse illegal orders. “Our rules are clear. You can refuse illegal orders,” Kelly stated in the video.
Hegseth responded to Kelly’s statements by labeling them as “seditious.” He announced a review of Kelly’s retirement grade, a move that could potentially lead to a demotion in rank and a reduction in retirement pay. In his lawsuit, Kelly’s legal team contends that these actions are “unconstitutional and legally baseless.” The lawsuit emphasizes that “the First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech.”
Judge Richard Leon, appointed by President George W. Bush, issued the ruling from the U.S. District Court for the District of Columbia. In his opinion, Leon stated, “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.” He further referenced a quote from Bob Dylan, saying, “You don’t need a weatherman to know which way the wind blows.”
The video featuring Kelly was released on social media in November 2022, amid rising concerns among Democrats regarding the legality of U.S. military strikes on alleged narco-trafficking boats in the Caribbean. This sparked a strong reaction from then-President Donald Trump, who condemned the video as “SEDITIOUS BEHAVIOR, punishable by DEATH!” Trump also suggested that the lawmakers involved should be “ARRESTED AND PUT ON TRIAL.”
Federal prosecutors attempted to indict the lawmakers for their statements, but a grand jury in Washington, D.C., ultimately rejected the effort, according to a source familiar with the matter. Following the grand jury’s decision, Kelly took to social media platform X to express his views, stating, “Trump and his Administration want to make an example out of me so they can scare Americans like you and keep you from speaking out against him.” He added, “The most patriotic thing any of us can do right now is to keep speaking up.”
While the specific charges prosecutors sought to bring against the lawmakers remain unclear, the Justice Department previously declined to “confirm or deny the existence of an investigation” into the actions of the Democratic lawmakers involved. This case underscores the complex intersection of military protocol, political expression, and constitutional rights, particularly in a highly polarized political climate.
