Federal judge rules Hegseth can't penalize Sen. Mark Kelly over video urging adherence to the law [View all]
Kyle Griffin @kylegriffin1
BREAKING on MS NOW: A federal judge has ruled Pete Hegseth can't penalize Sen. Mark Kelly over that video telling service members they can refuse illegal orders. Judge Richard Leon blocked the Pentagon from pursuing disciplinary action against Kelly after finding an effort to cut his retirement benefits was likely unconstitutional.
12:45 PM · Feb 12, 2026
Judge says Pentagon 'trampled' on Sen. Mark Kelly's rights, blocks effort to demote him
This Court has all it needs to conclude that Defendants have trampled on Senator Kellys 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 dont 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, Leon wrote. If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights!"
https://www.msn.com/en-us/news/politics/judge-says-pentagon-trampled-on-sen-mark-kellys-rights-blocks-effort-to-demote-him/ar-AA1WetMP