A federal judge in Washington questioned the Pentagon’s legal grounds for punishing Sen. Mark Kelly during a court hearing this week. He pressed government lawyers for examples and expressed doubts about Defense Secretary Pete Hegseth’s attempt to censure the Arizona Democrat over a video regarding unlawful orders.
Per the Associated Press, U.S. District Judge Richard Leon told the attorneys that the government was asking him to approve an action the Supreme Court has not supported in similar cases. “You’re asking me to do something that the Supreme Court has never done,” Leon said at the preliminary injunction hearing, as reported.
Leon described the Pentagon’s case as “a bit of a stretch” while he considered Kelly’s request to block any reduction in rank and changes that could affect retirement benefits.
The issue stems from a roughly 90-second online video posted in November. It featured Kelly and other Democratic lawmakers who have served in the military. In the clip, they told service members to follow the Constitution and refuse unlawful orders.
Hegseth publicly condemned the video and accused the lawmakers of misconduct. “The video made by the ‘Seditious Six’ was despicable, reckless, and false,” Hegseth wrote on X at the time, according to Reuters.
Just left federal court where I’m suing Pete Hegseth.
This case is about protecting the free speech rights of retired members of the military and all Americans. What this Administration is doing is un-American, and that’s why I’m fighting back. pic.twitter.com/G30eOGDbtY
— Captain Mark Kelly (@CaptMarkKelly) February 4, 2026
President Donald Trump also criticized the lawmakers in social media posts after the video and suggested they should face punishments up to death. His comments drew condemnation from critics and raised security concerns for some of those named.
Kelly, a retired Navy captain and former astronaut, serves on the Senate Armed Services Committee. The Pentagon’s case focuses on his status as a retired officer. Justice Department lawyers argue that military retirees remain subject to the Uniform Code of Military Justice and can face disciplinary action in certain situations. Kelly appeared at the court for Tuesday’s hearing and his lawyers contend the Pentagon is targeting political speech protected by the First Amendment. They argue that punishing a sitting senator for speaking in a public video would deter other veterans and retirees from discussing national issues.
At the hearing, Leon questioned whether the court should permit a disciplinary action that could affect other retired service members who speak publicly. He challenged government attorneys to find relevant precedents and indicated he had not seen Supreme Court backing for the action the Pentagon seeks in this situation.
Reports about the case say the Pentagon has considered measures that could include a formal censure and a reduction in rank. Such a move would bring financial consequences related to retirement pay.
Leon stated he intended to issue a decision on Kelly’s request for a preliminary injunction by the following Wednesday. This ruling could determine whether the Pentagon may move forward while the lawsuit continues.
