A federal judge temporarily blocked the punishment against Democratic Sen. Mark Kelly of Arizona over a video directing U.S. military members to refuse unlawful orders from the administration.
U.S. District Judge Richard Leon ruled Thursday that Kelly’s First Amendment free speech rights were violated by Pentagon officials. He went on to say the punishment had “threatened the constitutional liberties of millions of military retirees.”
‘This will be immediately appealed. Sedition is sedition, “Captain.”‘
Kelly and five other Democratic members of Congress published a video in Nov. 2025 addressed to members of the military to remind them that they were not bound to obey orders that were unlawful.
The administration accused them of suggesting that the military should disobey any order from the administration, which would be treasonous. Hegseth said in a statement that the “reckless and seditious video” was “clearly intended to undermine good order and military discipline.”
“The traitors that told the military to disobey my orders should be in jail right now, not roaming the fake news networks trying to explain what they said was OK,” President Donald Trump responded at the time. “It was sedition at the highest level, and sedition is a major crime. There can be no other interpretation of what they said!”
Kelly posted about Thursday’s ruling from his social media account.
“Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said,” he wrote.
“This is a critical moment to show this administration they can’t keep undermining Americans’ rights,” he added. “I also know this might not be over yet, because Trump and Hegseth can’t admit when they are wrong.”
Hegseth responded to the ruling on social media.
“This will be immediately appealed. Sedition is sedition, ‘Captain,'” he wrote.
RELATED: Nancy Pelosi outraged after Defense Sec. Hegseth orders removal of gay icon’s name from naval ship
Kelly responded by citing the conclusion from the judge’s ruling.
“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,” the passage reads.
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