Image: from Digital Daisy X@DigitalDaisyX
By Open Chronicle Staff with Agencies | Thursday, February 12, 2026
WASHINGTON – In a significant legal setback for the Department of Defense, a federal judge has intervened to block Defense Secretary Pete Hegseth’s attempt to punish Senator Mark Kelly (D-Ariz.) for a video message addressed to American service members.
The ruling, delivered Thursday, effectively freezes administrative proceedings that aimed to demote the retired Navy captain and reduce his military retirement pay. The decision marks a high-profile clash between the executive branch’s military authority and the free speech rights of elected officials.
Just left federal court where I'm suing Pete Hegseth.
This case is about protecting the free speech rights of retired members of the military and all Americans. What this Administration is doing is un-American, and that's why I'm fighting back. pic.twitter.com/G30eOGDbtY
— Captain Mark Kelly (@CaptMarkKelly) February 4, 2026
The Video That Sparked the Firestorm
The controversy began in late 2025 when Senator Kelly, a former Navy fighter pilot and NASA astronaut, joined five other Democratic lawmakers with national security backgrounds in a video message. In the recording, the group reminded active-duty troops of their constitutional oath to follow “lawful orders” and their duty to refuse those that are illegal.
Secretary Hegseth quickly condemned the video as “seditious,” accusing Kelly of undermining military discipline and inciting “reckless misconduct.” Hegseth subsequently initiated a Navy review to investigate whether Kelly’s actions warranted a reduction in rank—a move Kelly’s legal team characterized as blatant political retribution.
The Court’s Ruling
In his decision, the federal judge granted a preliminary injunction, stating that the Pentagon’s pursuit of the Senator appeared to be an overreach of administrative power.
“The attempt to retroactively punish a retired officer for political speech as a sitting U.S. Senator raises grave First Amendment concerns,” the judge noted in the filing. The court found that the Defense Department had not provided sufficient evidence that Kelly’s reminders about the chain of command constituted a breach of military law or sedition.
Senator Kelly, who served 25 years in the military and flew combat missions in Operation Desert Storm, celebrated the ruling outside the federal court. “I have spent my life defending the Constitution,” Kelly told reporters. “I won’t be intimidated by those who try to use the military as a tool for personal or political vendettas.”
Political Fallout
The Pentagon has yet to officially comment on whether it will appeal the decision, though Hegseth has previously vowed to “purge the ranks” of what he terms “woke ideology” and political interference.
Critics of the administration have hailed the ruling as a victory for the separation of powers. “This is a reminder that the Secretary of Defense is not the ultimate arbiter of a Senator’s right to speak to the American people, including those in uniform,” said a spokesperson for the Senate Armed Services Committee.
As the legal battle continues, the case has become a focal point for the 2026 midterm cycle, highlighting the deep rift between the Trump administration’s Pentagon leadership and its critics in Congress.