A federal judge on Thursday blocked the Pentagon’s efforts to censure Sen. Mark Kelly and lower his retirement rank in the wake of a video in which the Arizona senator and other Democrats called on service members to reject unlawful orders.
U.S. District Judge Richard Leon, an appointee of former President George W. Bush, noted the military principal that servicemembers enjoy weakened First Amendment protections to preserve discipline in the armed forces, but said that no court had ever extended that doctrine to retired service members.
He said he would not be the first to do so.
“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,” the judge wrote.
Leon quoted singer-songwriter Bob Dylan to say, “You don’t need a weatherman to know which way the wind blows.”
“To say the least, our retired veterans deserve more respect from their Government,” the judge added, “and our Constitution demands they receive it!”
Hegseth wrote on X that the ruling will be “immediately appealed.”
“Sedition is sedition, ‘Captain,'” the Defense secretary said.
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