A judge stepped in Thursday to block the Pentagon's move to try and reduce Sen. Mark Kelly's (D-AZ) rank or censure him — a loss for Defense Secretary Pete Hegseth and major win for Kelly.
Federal Judge Richard Leon in Washington, D.C., a Republican appointee, decided in favor of Kelly in the emergency action and in his decision — using multiple exclamation points — ruled that Kelly should have protections, CNN reported.
"He sees that Mark Kelly, a retired Naval officer and now a U.S. senator, is able to have First Amendment protections and that unfortunately the Trump administration has come in and tried to have some sort of censure or process for Mark Kelly that could hurt him as a former service member because of the things he has said publicly about the Trump administration and the military," CNN reporter Katelyn Polantz said.
Kelly last month had sued Secretary of Defense Pete Hegseth and the Defense Department over its push to punish him after he and five other congressional leaders made a video in November quoting current law, and reminding service members that the military has a responsibility to refuse illegal orders.
Leon shared his decision Thursday.
"Unfortunately for the Secretary of Defense Pete Hegseth, no court has ever extended principles to retired service members that they want to do here, obedience and discipline if they believe someone has not been obedient in the military, much less has the administration done something to a retired service member serving in Congress and exercising oversight responsibility over the military," Leon said. "This Court will not be the first to do so!"
"To say the least, our retired veterans deserve more respect from our government and our Constitution demands they receive it!" Leon said.
Kelly avoided indictment from the Justice Department this week. The judge also added that he should not have to fear any criminal or administrative action.
"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," Leon said.
