10h ago
A federal judge blocked the Pentagon's attempt to demote Senator Mark Kelly, following a grand jury's refusal to indict six lawmakers over a video regarding military orders.
Read more: Grand Jury Rejects Justice Department Attempt to Indict Six Democratic LawmakersFederal Judge Blocks Pentagon Effort to Punish Senator Mark Kelly Following Grand Jury Refusal to Indict
Key Facts
- U.S. District Judge Richard Leon issued a preliminary injunction blocking the Pentagon from demoting Senator Mark Kelly or reducing his pension.
- A federal grand jury in Washington, D.C., declined to indict six Democratic lawmakers: Mark Kelly, Elissa Slotkin, Chris Deluzio, Chrissy Houlahan, Maggie Goodlander, and Jason Crow.
- The investigation concerned a November video advising military and intelligence personnel to refuse illegal orders.
- President Trump accused the lawmakers of sedition and suggested the behavior was punishable by death.
- Defense Secretary Pete Hegseth censured Kelly and attempted to retroactively demote him from the rank of Navy captain.
- Judge Leon ruled that the Pentagon's actions were unconstitutionally retaliatory and violated Kelly's First Amendment rights.
- The U.S. Attorney’s office in Washington is led by Jeanine Pirro.
A federal judge in Washington, D.C., on Thursday issued a preliminary injunction blocking the Pentagon from reducing Senator Mark Kelly’s retired military rank and pension pay. The ruling by U.S. District Judge Richard Leon follows a decision by a federal grand jury on Tuesday to decline indictments against Kelly and five other Democratic lawmakers. The group was under investigation for releasing a video in November that advised military and intelligence personnel to refuse illegal or unconstitutional orders.
The lawmakers involved include Senators Kelly and Elissa Slotkin, along with Representatives Chris Deluzio, Chrissy Houlahan, Maggie Goodlander, and Jason Crow. All six have backgrounds in the military or intelligence services. In the 90-second video, Kelly stated, “Our laws are clear: You can refuse illegal orders.” President Donald Trump previously characterized the video as "sedition at the highest level" and "seditious behavior, punishable by death," while Defense Secretary Pete Hegseth issued a censure letter on January 5, alleging the lawmakers intended to undermine military discipline.
Judge Leon, an appointee of George W. Bush, described the Pentagon’s actions as unconstitutionally retaliatory. In his 29-page ruling, Leon stated that Kelly was reprimanded for exercising his First Amendment right to speak on matters of public concern. The Trump administration had argued the matter was one of military discipline outside the judiciary's purview and that Kelly’s lawsuit was premature because he had not exhausted administrative channels.
The U.S. Attorney’s office in Washington, led by Jeanine Pirro, had authorized the attempt to secure criminal indictments against the lawmakers. While the grand jury refused the charges, legal observers noted that prosecutors could potentially seek indictments again in the future. Senator Kelly, a retired Navy captain and former astronaut, has maintained that the video simply quoted existing military protocol regarding the oath to the Constitution.
Historical Context
The legal dispute began after the lawmakers released a video stating that the military's oath is to the Constitution rather than an individual. Defense Secretary Pete Hegseth moved to retroactively demote Senator Mark Kelly from his retired rank of Navy captain, arguing that retired officers receiving pensions remain subject to military justice. Kelly filed a lawsuit to block the demotion, characterizing it as unconstitutional retribution.
Perspective Analysis
Sources: Politico · CNN · The Hill · Reuters
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