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Judge seems skeptical of legal justification for Pentagon’s punishment of Sen. Mark Kelly

A federal judge expressed doubt about the Pentagon's legal basis to demote Sen. Mark Kelly for urging troops to refuse unlawful orders, highlighting First Amendment concerns.

  • On Tuesday, U.S. District Judge Richard Leon questioned whether the Pentagon can lawfully censure Sen. Mark Kelly over a November video, and said he hopes to issue a ruling by next Wednesday.
  • The Pentagon began investigating Kelly in late November under a law allowing retired members to face court-martial, and Defense Secretary Pete Hegseth formally censured him on Jan. 5.
  • The judge noted the absence of Supreme Court precedent as U.S. District Judge Richard Leon said he knew of no case justifying punishment under the UCMJ, while Kelly's lawyer Benjamin Mizer argued no ruling supports diminished speech rights for retirees.
  • Leon did not rule from the bench and said he hopes to issue a decision by February 11, while Kelly is seeking a preliminary injunction to block Hegseth's pay and rank cuts.
  • Hegseth and President Donald Trump publicly attacked Kelly, who has raised $12.5 million since the video, amid legal questions described as novel by Judge Leon.
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Judge seems skeptical of legal justification for Pentagon’s punishment of Sen. Mark Kelly

The judge didn’t immediately rule from the bench on Kelly’s claims that Pentagon officials violated his First Amendment free speech rights.

·Saint Paul, United States
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KULR-TV broke the news in Billings, United States on Tuesday, February 3, 2026.
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