A US judge has issued an injunction preventing the Department of Defense from stripping veteran Senator Mark Kelly of his pension and military rank.

The Department of Defense took punitive action against Kelly for his critical remarks about President Donald Trump.

But on Thursday, Judge Richard J. Leon, an appointee of Republican President George W. Bush, issued a forceful rebuke, accusing the Trump administration of trying to stifle veterans’ free speech rights.

Much of Leon’s ruling was directed at top Trump official Defense Secretary Pete Hegseth, who announced on Jan. 5 that Kelly would be censured for what he called “inflammatory” comments.

“Instead of seeking to limit the First Amendment freedoms of retired service members, Secretary Hegseth and his fellow defendants should reflect on and appreciate the wisdom and expertise that retired service members have brought to the public discussion and debate of our nation’s military issues over the past 250 years,” Leon wrote.

“If so, they would more fully understand why the Founding Fathers made free speech the First Amendment of the Bill of Rights!”

case history

Thursday’s decision came after Democratic Rep. Kelly File a lawsuit On January 12, he accused the Trump administration of “punitive retaliation.”

He has made multiple public statements questioning the president’s military decisions, drawing the ire of the Trump administration.

Kelly, who represents the swing state of Arizona, had condemned the administration for sending in the military to quell protests in Los Angeles in June 2025.

Then, in November, he was also one of six former members of the U.S. military and intelligence community to participate in a video reminding service members of their responsibility to “refuse unlawful orders.”

The video quickly caught Trump’s attention, and the president emit a string Social media posts threatening imprisonment or even death.

“This is really bad and dangerous for our country. Their words don’t stand up. Seditious behavior by traitors!!! Lock them up?” Trump wrote in an article.

exist otherhe suggested harsher punishment: “Inciting behavior is punishable by death!”

Shortly thereafter, the Department of Defense announced Investigate Kelly was specifically mentioned in the video given his role as a retired Navy captain.

Hegseth accused Kelly of using “his rank and service affiliation” to discredit the U.S. Armed Forces. echo Trump claimed the video was “reckless and inflammatory.”

His decision to write a formal letter condemning Kelly prompted the senator to file a lawsuit.

The letter is a procedural step toward reducing Kelly’s rank when he retires and limiting his post-military benefits.

But Kelly argued that such punishment would undermine veterans’ rights to participate in political discourse — and also hinder his work as a member of Congress.

A verdict full of exclamations

on Thursday rulingJudge Leon opined that Kelly was likely to prevail on the merits and quoted folk singer Bob Dylan, adding that it was easy to understand why.

“This court has all the evidence it needs to conclude that defendants trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of veterans,” Leon said in his often witty ruling.

“After all, as Bob Dylan famously said, ‘You don’t need a weatherman to know which way the wind blows.'”

Leon acknowledged that issuing an injunction against the government was an “extraordinary remedy.” But he believed it was necessary given the seriousness of the case.

The judge acknowledged that the Ministry of Defense did have the ability to restrict the speech of service members due to the needs of force discipline.

But the Trump administration argued in court filings that the restrictions also apply to retired veterans.

However, Leon dismissed this with what amounted to a grunt: “Horse hair!”

“Speeches by veterans—even speeches expressing opinions on military legality
Actions – do not threaten ‘obedience, unity, commitment and esprit de corps’ as much as the words of active duty soldiers do,” Leon wrote.

“Nor can the words of veterans directly ‘undermine the effectiveness of the command response’ in the same way that words of active-duty soldiers can.”

Leon also acknowledged that Kelly’s role as a congressman exacerbated the harm of any attempts to limit his free speech rights.

“Our representative system of government cannot function if legislators cannot freely express their views and the views of their constituents without fear of retaliation from the executive branch!” he wrote in one of many exclamations.

The judge also sharply criticized the Trump administration’s argument that Kelly’s rank and retirement benefits are merely military matters, not judicial ones.

Leon described Hegseth’s letter of reprimand as making Kelly’s punishment a “fait accompli” — a foregone conclusion — because such a document cannot be appealed and could itself be the basis for a demotion.

“The retaliation framework fits like a glove here,” Leon said, seemingly confirming the crux of Kelly’s lawsuit.

At another point, he rebutted the government’s argument, saying: “In short, the defendant’s response was feeble!”

However, his proposed injunction is temporary and will only last until the lawsuit is resolved.

Trump administration responds

After the ban, Kelly took to social media to say the short-term victory was a win for all veterans.

“Today, a federal court made clear that Pete Hegseth violated the Constitution by trying to punish me for what I said,” Kelly said in a statement. video statement.

“But this case is never just about me. This administration is sending a message to millions of retired veterans that they, too, can be reprimanded or demoted for speaking out.”

He added that the United States was facing a “critical moment” in history and warned of the erosion of basic rights.

Kelly then accused the Trump administration of “suppressing our rights and trying to set an example for anyone.” He also acknowledged that the legal showdown has only just begun.

“I appreciate the judge’s careful consideration of this case,” Kelly said. “But I also know that this may not be the end of it because this president and this administration don’t know how to admit that they were wrong.”

Within hours of Kelly’s post, Hegseth himself shared information It was confirmed on social media that the Trump administration would continue to challenge Thursday’s decision.

“We will appeal this immediately,” Hegseth said of the ban. “Incitement is incitement, ‘Captain.'”

Kelly is considered a Democratic contender for the 2028 presidency.