A federal judge in Washington blocked the Pentagon from lowering Sen. Mark Kelly’s retired military rank and cutting his pension over comments he made urging service members to reject illegal orders, according to a preliminary ruling in the senator’s lawsuit.
U.S. District Judge Richard Leon issued the order after Kelly, an Arizona Democrat and former Navy captain, asked the court to stop the Defense Department from proceeding with a threatened demotion and a reduction in his retirement benefits.
The dispute began with a November video featuring Kelly and five other Democratic members of Congress reminding troops they have a duty to the Constitution and can refuse unlawful orders. In the video, Kelly said, “Our laws are clear: You can refuse illegal orders.”
Reuters reported that the Pentagon targeted Kelly due to that video, claiming his participation constituted misconduct.
Leon’s preliminary injunction prevents the department from taking steps to lower Kelly’s retired rank and reduce the retirement pay linked to that rank while the case is ongoing. The judge’s ruling followed a hearing earlier this month in which he pressed government lawyers for legal support for the punishment, ABC News reported.
Kelly filed a lawsuit after Defense Secretary Pete Hegseth issued a formal censure that could have led to his demotion and financial penalties, according to NPR. Reuters reported that the case revolves around whether the administration can use military retirement rules to punish a sitting senator for political speech made in a civilian context.
Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said.
This is a critical moment to show this administration they can’t keep undermining Americans’ rights.
I also know this might not be over yet, because Trump… pic.twitter.com/9dRe9pmeCd
— Senator Mark Kelly (@SenMarkKelly) February 12, 2026
Kelly served as a Navy pilot and later flew in space as an astronaut before entering politics. He has argued that the Pentagon’s actions violate the First Amendment and threaten the ability of retired service members to speak on public issues without risking their benefits, NPR noted.
The Pentagon stated that retired service members must still follow certain military rules, and the administration defended its authority to review conduct it deems harmful to order and discipline. Legal experts quoted by The Associated Press pointed out that while retirees can fall under military jurisdiction, prosecutions and punishments related to public speech after retirement are uncommon and would face significant constitutional challenges.
The controversy started after the November video circulated online and drew criticism from supporters of Trump, prompting the Defense Department to investigate or sanction Kelly, according to Politico. Reuters reported that the Pentagon considered a path to reduce his retired rank, which would, in turn, lower his pension payments.
Leon’s order is temporary and does not address the case’s main issues, but it stops the Pentagon from implementing the reduction while the lawsuit moves forward. The judge’s decision adds to a series of legal battles over executive branch actions challenged in federal court, Reuters reported.
Kelly’s office and the Defense Department did not immediately announce their next steps in response to the ruling, according to the Reuters report.
