Judge Richard Leon, a George W. Bush appointee, shut down Defense Secretary Pete Hegseth’s attempts to punish Sen. Mark Kelly (D-AZ) over his urging of US service members to refuse illegal orders, ruling that the Pentagon chief’s actions were unconstitutionally retaliatory.
Judge blocks Pentagon’s effort to reduce Arizona Democratic Sen. Mark Kelly’s pay and rank as punishment over “illegal orders” video https://t.co/evO6S3yMO4 pic.twitter.com/DdY0LNmKZC
— CNN Breaking News (@cnnbrk) February 12, 2026
From NPR:
Kelly, a former Navy Captain, sued Hegseth in January, one week after the defense secretary moved to formally censure him for participating in a video where he and several Democratic lawmakers told U.S. servicemembers they can refuse illegal orders.
“Our rules are clear. You can refuse illegal orders,” Kelly says in the video.
Hegseth has labeled Kelly’s statements as “seditious” and announced a review of his retirement grade, which could lead to a demotion in rank and reduction in retirement pay.
Thursday’s ruling temporarily blocks the Pentagon from taking steps to discipline Kelly.
Earlier this week, a grand jury in Washington, DC, declined to approve charges sought by federal prosecutors against Kelly and the other Democratic lawmakers who taped a video last year warning that “threats to our Constitution” are coming “from right here at home,” and implored service members and the intelligence community to “refuse illegal orders.”
Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said.
This is a critical moment to show this administration they can’t keep undermining Americans’ rights.
I also know this might not be over yet, because Trump… pic.twitter.com/9dRe9pmeCd
— Senator Mark Kelly (@SenMarkKelly) February 12, 2026
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