The Pentagon’s move to cut Sen. Mark Kelly’s (D-AZ) retired military rank and pension pay was blocked by a U.S. judge on Thursday.
SLOTKIN MOCKS ‘GOOD BOY’ MIKE JOHNSON AFTER FAILED DOJ INDICTMENT: ‘TAKE A BEAT’
He is currently a retired U.S. Navy captain and was active duty from 1986 until 2011.
U.S. District Judge Richard Leon, a George W. Bush appointee, issued a preliminary ruling that set back the Trump administration’s attempt to punish Kelly for saying military personnel should “refuse illegal orders.”
Secretary of War Pete Hegseth censured and called for Kelly’s demotion in November after the Arizona senator was featured in a video alongside five other democrats calling for soldiers to avoid carrying out illegal orders.
Kelly later sued Hegseth, the War Department, and the Navy, arguing the actions led by the war secretary “sends a chilling message to every retired member of the military: if you speak out and say something that the President or Secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted.”
In his opinion, Leon said Hegseth’s punishment for Kelly was built on the grounds that military service members are granted less First Amendment protections because of the military’s obligation of obedience.
However, Leon said, a court has never extended the principle to retired service members, such as Kelly.
“Unfortunately for Secretary Hegseth, no court has ever extended those principles to retired servicemembers, much less a retired servicemember serving in Congress and exercising oversight responsibility over the military,” Leon said. “This Court will not be the first to do so!”
Hegseth said the administration intended to immediately appeal the ruling, which was the expected response. They have 30 days to appeal.
“This will be immediately appealed. Sedition is sedition, “Captain.”” Hegseth said Thursday.
Kelly and the five democrats, who are also retired service members, were referring to the National Guard deployments to metropolitan cities, like Los Angeles, as well as the Trump administration’s campaign of lethal strikes on alleged cartel boats.
TRUMP GIVES RUSSIA AND UKRAINE JUNE DEADLINE TO END WAR: ZELENSKY
Hegseth moved to censure Kelly because his “statements undermined the chain of command, counseled disobedience to lawful orders, created confusion about duty, and brought discredit upon the Armed Forces.”
The other Democrats who spoke in the video have been retired long enough that they are no longer under the Uniform Code of Military Justice.
Ultimately, Leon said the First Amendment restrictions for military personnel do not apply to Kelly because prior cases have set precedents by only applying the restrictions to active duty military.
“Rather than trying to shrink the First Amendment liberties of retired servicemembers, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired servicemembers have brought to public discussions and debate on military matters in our Nation over the past 250 years,” Leon said in his conclusion.
The Washington Examiner reached out to the Pentagon for comment.
