A federal judge on Thursday blocked the Pentagon from reducing Sen. Mark Kelly’s retired military rank and pension after the Arizona Democrat urged service members to reject unlawful orders.
U.S. District Judge Richard Leon in Washington issued a preliminary injunction preventing Defense Secretary Pete Hegseth and other officials from taking action against Kelly while his lawsuit proceeds.
Kelly, a retired Navy captain and former astronaut, appeared in a November video with five other congressional Democrats reminding troops of their obligation to refuse illegal orders. “Our laws are clear: You can refuse illegal orders,” Kelly said in the clip.
His comments came as Democrats criticized President Donald Trump’s decisions to deploy the National Guard in several U.S. cities and to authorize lethal strikes on boats suspected of smuggling drugs from Latin America.
In a social media post, Trump called the video “SEDITIOUS BEHAVIOR, punishable by DEATH.”
On Jan. 5, Hegseth issued a censure letter accusing Kelly of intending to “undermine good order and military discipline,” citing rules that apply to active-duty and retired personnel.
Lawyers for the Trump administration urged the court to dismiss Kelly’s lawsuit, arguing the dispute was a matter of military discipline beyond the judiciary’s authority. They also said the case was premature because Kelly had not been formally censured and should have responded through administrative channels.
Leon’s order marks another courtroom setback for Trump as judges weigh challenges to his policies.
This is a breaking news story. Updates to follow.
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