Judge Temporarily Blocks Pentagon Punishment of Sen. Kelly
PUBLISHED Feb 12, 2026, 1:36 PM ET
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WASHINGTON — A federal judge on Thursday temporarily barred the Pentagon from enforcing disciplinary action against Democratic Sen. Mark Kelly over his participation in a November video urging service members to resist unlawful orders. U.S. District Judge Richard Leon held that Pentagon officials violated Kelly’s First Amendment free speech rights and restrained the department from implementing or relying on Defense Secretary Pete Hegseth’s Jan. 5 censure. Kelly sued to block the censure, which could have reduced his retired rank and pay. The ruling preserves Kelly’s current status while litigation proceeds. Based on 7 articles reviewed and research, and ongoing court review.
By Sarah Whitman | JQJO News
Timeline of Events
- November: Six Democrats, including Kelly, release video urging troops to refuse unlawful orders.
- Days later: Former President Trump posts accusing the lawmakers of sedition.
- Jan. 5: Defense Secretary Pete Hegseth issues a censure letter targeting Sen. Kelly.
- Shortly after Jan. 5: Kelly files suit in federal court to block the censure and penalties.
- Thursday: U.S. District Judge Richard Leon issues a temporary order blocking Pentagon enforcement of the censure.
- Articles Published:
- 10
- Right Leaning:
- 1
- Left Leaning:
- 0
- Neutral:
- 9
- Distribution:
- Left 0%, Center 90%, Right 10%
Sen. Mark Kelly and similarly situated retired service members benefited immediately because the court's temporary injunction preserves their current rank and retirement pay while constitutional claims are adjudicated.
The Department of Defense and Secretary Pete Hegseth suffered a legal and procedural setback because the court barred enforcement of the censure pending outcome of litigation.
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Judge Temporarily Blocks Pentagon Punishment of Sen. Kelly
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