Judge blocks Pentagon from punishing Sen. Mark Kelly

A federal judge on Thursday issued an injunction forbidding Defense Secretary Pete Hegseth from taking steps to punish Sen. Mark Kelly, saying the Pentagon cannot claim the power to strip a retired officer of his First Amendment rights.

Judge Richard Leon, a George W. Bush appointee to the court in Washington, said Mr. Hegseth might have had an argument for punishing an active duty officer, but he can’t censure a retired officer.

He said no court has ever allowed the Defense Department to move against a retired officer who is also a sitting member of the U.S. Senate and was “exercising oversight responsibility over the military.”

“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,” Judge Leon wrote. “To say the least, our retired veterans deserve more respect from their government, and our Constitution demands they receive it!”

Mr. Kelly, Arizona Democrat, retired from the Navy as a captain.

In November, he appeared in a video along with five other Democratic members of Congress who were either military veterans or formerly involved with the intelligence services. They urged members of the military to resist when they are given unlawful directives.

“Our laws are clear. You can refuse illegal orders,” Mr. Kelly said in the video.

Mr. Hegseth then issued a censure of Mr. Kelly, concluding his remarks created confusion about the chain of command. He also ordered a redetermination of Mr. Kelly’s retirement rank and benefits.

Separately, the Justice Department attempted to indict Mr. Kelly and the other Democrats, Sen. Elissa Slotkin of Michigan and Reps. Jason Crow of Colorado, Chris Deluzio and Chrissy Houlahan of Pennsylvania, and Maggie Goodlander of New Hampshire.

The Trump administration had argued the matter was an internal military proceeding and beyond the reach of a regular federal court.

Judge Leon disagreed, saying courts have sometimes reviewed military personnel matters. In this case, the judge said, the fact that the issue is over First Amendment claims made it a subject for his courtroom.

The judge also said Mr. Hegseth’s actions suggest that Mr. Kelly wouldn’t get a fair hearing from an internal military proceeding.

He delivered a broad scolding to the administration for even attempting to punish the senator.

He suggested Mr. Hegseth owes a thank you to Mr. Kelly and other retired military personnel now in public life for their “wisdom and expertise.”

“Hopefully this injunction will in some small way help bring about a course correction in the Defense Department’s approach to these issues,” he said.