A federal judge ruled Thursday that the Trump administration "trampled" on Sen. Mark Kelly’s First Amendment rights, blocking Defense Secretary Pete Hegseth's efforts to punish Kelly, a retired naval officer.
“This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” U.S. District Judge Richard Leon wrote. “After all, as Bob Dylan famously said, 'You don’t need a weatherman to know which way the wind blows.' To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!”
“Rather than trying to shrink the First Amendment liberties of retired service members, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired service members have brought to public discussions and debate on military matters in our Nation over the past 250 years,” wrote Leon, whom George W. Bush appointed. “If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights!"
He added, "Hopefully this injunction will in some small way help bring about a course correction in the Defense Department’s approach to these issues.”
Hegseth said on X that the ruling would be "immediately appealed." He added: "Sedition is sedition, 'Captain.'" Kelly, D-Ariz., responded by posting a highlighted section of the ruling.
Hegseth said last month that the Pentagon was taking steps to downgrade Kelly’s military retirement rank and pay because of his “seditious statements,” referring to the video from Kelly and the other lawmakers, all of whom had served in the military or the intelligence community.
The other Democrats who appeared in the video are Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire and Chris Deluzio and Chrissy Houlahan of Pennsylvania, and Sen. Elissa Slotkin of Michigan.
The lawmakers said in the video: “This administration is pitting our uniformed military and intelligence community professionals against American citizens. Like us, you all swore an oath to protect and defend this Constitution. Right now, the threats coming to our Constitution aren’t just coming from abroad but from right here at home. Our laws are clear. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution.”
President Donald Trump accused the six Democrats in the video of "seditious behavior" and said they were "in serious trouble."
Kelly sued in January, arguing that Hegseth’s actions violate his First Amendment rights, as well as the speech or debate clause of the Constitution, which grants immunity to lawmakers for official acts.
Kelly said Thursday in a statement on X that the judge “made clear that Pete Hegseth violated the Constitution when he tried to punish me for something I said.”
“But this case was never just about me,” he said. “This administration was sending a message to millions of retired veterans that they, too, can be censured or demoted just for speaking out. That’s why I couldn’t let it stand.”
The Trump administration also unsuccessfully tried this week to indict Kelly and the five other Democrats, three sources familiar with the matter told NBC News.
Two sources familiar with the matter said not a single grand juror found that the office of the U.S. attorney for the District of Columbia, Jeanine Pirro, had reached the probable cause threshold required to secure an indictment, meaning prosecutors did not provide enough evidence to convince a reasonable person that a crime had been committed.
