A federal choose on Tuesday sharply questioned Justice Division legal professionals whether or not there was a authorized precedent for the Protection Division’s try to punish Democratic Sen. Mark Kelly, a frequent critic of President Donald Trump.
Kelly, a retired Navy captain and former astronaut, is searching for an injunction in opposition to the Pentagon for threatening to demote him in rank and cut back his navy retirement advantages due to a video he made with different Democratic members of Congress who had served within the navy or nationwide safety that urged troops to not adjust to unlawful orders.
In a closed-courtroom listening to, Choose Richard J. Leon, who was nominated to the D.C. District Court docket by President George W. Bush, pressed the Trump administration’s authorized staff on whether or not the federal government had the ability to take such motion.
“You’re asking me to do one thing the Supreme Court docket or the DC Circuit has by no means finished,” Leon advised a Justice Division lawyer defending the Pentagon’s efforts.
Sen. Mark Kelly waits for the beginning of a Senate Committee on Armed Companies listening to in Washington, January 15, 2026.
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Leon mentioned he’s aiming to decide on Kelly’s request for a preliminary injunction by Feb. 11.
The case has drawn appreciable consideration as a significant take a look at of the First Modification rights of navy veterans and the federal government’s separation of powers.
Protection Secretary Pete Hegseth accused Kelly of violating a federal legislation that prohibits undermining good order and self-discipline throughout the navy and accused him of hiding behind his place as a U.S. senator to take action.
“Rather a lot is at stake,” Kelly advised reporters after the listening to. “I wore the uniform to defend this nation, to defend the Structure. Secretary Hegseth censured me and is now making an attempt to demote me for issues that I mentioned and for doing my job as a United States senator.”
“This administration has repeatedly gone after First Modification rights of many Individuals. That is not how we do issues right here in the USA. I feel of us perceive that. That is why this case is vital, and on this case, we’ve got the Structure on our aspect.”
Trump in November posted the Democratic lawmakers who appeared within the video might be prosecuted as traitors.
Secretary of Protection Pete Hegseth on the Pentagon in Arlington, Virginia, January 15, 2026.
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“Their phrases can’t be allowed to face. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???,” Trump wrote on Nov. 20 following the release of the Democrats’ video geared toward service members.
Within the video, Kelly and the opposite Democrats didn’t present specifics on what orders they had been referencing. On the time, the Pentagon was overseeing a navy marketing campaign within the Caribbean Sea and japanese Pacific Ocean that killed a minimum of 126 suspected drug smugglers. Authorized specialists have extensively questioned using the navy to kill the alleged drug traffickers, reasonably than prosecute them in federal courts.
In courtroom paperwork, legal professionals for the Trump administration alleged Kelly would not have the identical proper to free speech as civilians due to his standing as a retired officer. The Justice Division additionally famous that the senator hasn’t exhausted his administrative choices but.
“This case is just not about legislative independence or freedom of speech in civilian society. As a substitute, this case entails a retired navy officer who seeks to make use of his navy standing as a sword and his legislative place as a defend in opposition to the results of his actions in navy personnel issues,” the Justice Division legal professionals wrote on Hegseth’s behalf.
Among the many Democrats who participated within the video, Kelly is the one former service member to succeed in active-duty retirement, which requires 20 years of service. Kelly, who flew fight missions throughout Operation Desert Storm in Iraq, nonetheless receives advantages from the Protection Division, which Hegseth oversees.
Kelly says the transfer by Hegseth is political retribution.
“Pete Hegseth’s unconstitutional campaign in opposition to me sends a chilling message to each retired member of the navy: for those who converse out and say one thing that the President, the Secretary of Protection would not like. You can be censured, threatened with demotion, and even prosecuted,” Kelly mentioned in a Jan. 12 Senate flooring speech.
