Federal Judge Questions Pentagon's Attempt to Punish Sen. Mark Kelly Over Speech
A federal judge expressed skepticism over the Pentagon's efforts to downgrade the pay and rank of Democratic Senator Mark Kelly (AZ) for publicly urging service members not to follow unlawful military orders. The action comes after Kelly, a retired Navy captain, sued Defense Secretary Pete Hegseth in January claiming he was targeted by "extreme rhetoric and punitive retribution" from the Trump administration.
Kelly received a censure letter from Hegseth alleging that his public criticism undermined the chain of command and counseled disobedience among military ranks. The Pentagon later announced it would re-evaluate Kelly's retirement pay grade.
In a 45-minute court hearing, U.S. District Judge Richard Leon expressed concern over the Justice Department's arguments that speech limitations typically imposed on active-duty officers should be extended to include retired service members like Kelly.
"That's never been done," Leon told the Justice Department attorney. "You're asking me to do something that the Supreme Court has never done. That's a bit of a stretch, is it not?"
Kelly's lawyers argue that the Pentagon's actions are an unlawful attempt to stifle his First Amendment right to free speech, which could also chill the speech of every retired veteran in the country.
The judge hopes to rule on the issue by February 11, giving the parties time to appeal. Kelly believes he has the Constitution on his side and expressed appreciation for the judge's quick consideration of the case.
A federal judge expressed skepticism over the Pentagon's efforts to downgrade the pay and rank of Democratic Senator Mark Kelly (AZ) for publicly urging service members not to follow unlawful military orders. The action comes after Kelly, a retired Navy captain, sued Defense Secretary Pete Hegseth in January claiming he was targeted by "extreme rhetoric and punitive retribution" from the Trump administration.
Kelly received a censure letter from Hegseth alleging that his public criticism undermined the chain of command and counseled disobedience among military ranks. The Pentagon later announced it would re-evaluate Kelly's retirement pay grade.
In a 45-minute court hearing, U.S. District Judge Richard Leon expressed concern over the Justice Department's arguments that speech limitations typically imposed on active-duty officers should be extended to include retired service members like Kelly.
"That's never been done," Leon told the Justice Department attorney. "You're asking me to do something that the Supreme Court has never done. That's a bit of a stretch, is it not?"
Kelly's lawyers argue that the Pentagon's actions are an unlawful attempt to stifle his First Amendment right to free speech, which could also chill the speech of every retired veteran in the country.
The judge hopes to rule on the issue by February 11, giving the parties time to appeal. Kelly believes he has the Constitution on his side and expressed appreciation for the judge's quick consideration of the case.
idk how they can just downgrade someones pay because they spoke out about something that was super wrong... like, shouldn't they be incentivized to speak up instead? 
it seems like they're trying to silence a vet who's got a legit reason to be upset and i think that's not right at all 
can u even believe this 
? like mark kelly was just trying to tell some guys not to follow orders that were clearly wrong and now the pentagon is trying to punish him? 
judge richard leon seems like a total hero for calling out the pentagon on this one 
i mean, i get that mark kelly is a senator and all, but come on, he was just trying to do the right thing! 
let's hope the justice department doesn't try to appeal this and that the judge makes the right decision soon 
! I mean, isn't it their job to protect ppl from bad leadership not to silence 'em? And now they're tryna downgrade his pay grade and all that drama... it's like, hello?! Free speech is free speech, no matter if you're active duty or retired 
. I'm lovin' how Sen Kelly is standin' up for himself and for the rights of other vets too 
.
I think it's awesome that Judge Leon is calling BS on the Justice Department's argument and questioning why they'd want to extend these limitations to retired service members too. It's all about protecting our rights as citizens, not just active-duty personnel. Mark Kelly's stance on free speech is totally justified, in my humble opinion 
!
He needs to back off and let Kelly speak his mind without any repercussions 
. And can you believe the Pentagon even tried to downgrade his pay grade? 
That's just ridiculous! The judge seems pretty wise in questioning this whole thing 
. I'm keeping an eye on this case, it'll be interesting to see how it plays out 
that would be literally crazy talk!! 
but for real tho, it's kinda cool that mark kelly's standing up for what he believes in even if it means going against the pentagon. 
fingers crossed he wins this case and gets his retirement pay grade back! 
! I mean, can you imagine if someone in a higher authority came after me for speaking out against something? It's crazy that he's being targeted like this just because he's using his voice to protect the integrity of our military 
, is truly appalling.
. Let's hope the judge rules in Kelly's favor by February 11, and we can all breathe a sigh of relief knowing our veterans' rights are being protected 
. And did you know that the First Amendment protects against speech limitations even among non-active duty members? 
. It sounds like he's just trying to do what he thinks is right, advocating for the well-being of those serving in the military 
. The fact that the Pentagon is pushing back and trying to punish him for it is really concerning 
.
. It's understandable that the Justice Department might want to argue that speech limitations should apply to everyone, but as Judge Leon pointed out, that's never been done before 
. This case has big implications for free speech and the rights of military veterans everywhere 
. Fingers crossed for him! 
i mean, mark kelly is basically saying "hey, if you're gonna give me an order, make sure it's legit" and now he's getting censured? 
I mean, can't they just let a senator speak out against something without trying to silence him? 
It's like they're trying to intimidate him and chill people's free speech. This is exactly why we need to have checks and balances in place. The fact that a judge is questioning the Pentagon's actions makes me feel like justice might actually be served here