A United States judge has granted an injunction preventing the Department of Defense from stripping Senator Mark Kelly, a military veteran, of his retirement pension and military rank.

The Defense Department had taken punitive action against Kelly for critical statements he had made against 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.

Leon directed much of his ruling at Defense Secretary Pete Hegseth, a senior Trump official who announced on January 5 that Kelly would be censured for what he characterised as “seditious” statements.

“Rather than trying to shrink the First Amendment liberties of retired service members, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired service members have brought to public discussions and debate on military matters in our Nation over the past 250 years,” Leon wrote.

“If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights!”

History of the case

Thursday’s decision comes after Kelly, a Democratic member of Congress, filed a lawsuit against the Trump administration on January 12, alleging “punitive retribution”.

He had drawn the Trump administration’s ire with several public statements questioning the president’s military decisions.

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

Then, in November, he was also one of six former members of the US’s military and intelligence communities to participate in a video reminding current service members of their duty to “refuse illegal orders”.

That video quickly attracted Trump’s attention, and the president issued a string of social media posts threatening imprisonment and even the death penalty.

“This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP?” Trump wrote in one post.

In another, he suggested a harsher punishment: “SEDITIOUS BEHAVIOR, punishable by DEATH!”

Shortly thereafter, the Defense Department announced it had launched an investigation into the video and Kelly specifically, given his role as a retired Navy captain.

Hegseth accused Kelly of using “his rank and service affiliation” to discredit the US armed forces, and he echoed Trump’s claims that the video was “reckless and seditious”.

His decision to pen a formal letter of censure against Kelly prompted the senator to sue.

Such a letter serves as a procedural step towards lowering Kelly’s military rank at the time of his retirement, as well as curbing his post-military benefits.

But Kelly argued that such punishment would serve to dampen the rights of veterans to participate in political discourse – and would additionally hinder his work as a member of Congress.

An exclamation-filled ruling

In Thursday’s ruling, Judge Leon determined that Kelly was likely to prevail on the merits of his case – and, citing the folk singer Bob Dylan, he added that it was easy to see why.

“This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Leon said in his often quippy ruling.

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

Leon acknowledged that granting an injunction against the government is an “extraordinary remedy”. But he argued it was necessary, given the gravity of the case.

The judge conceded that the Defense Department does have the ability to restrict the speech of active-service military members, given the need for discipline among troops.

But the Trump administration argued in its court filings that those restrictions extended to retired military veterans as well.

Leon, however, dismissed that assertion with the verbal equivalent of a snort: “Horsefeathers!”

“Speech from retired servicemembers – even speech opining on the lawfulness of military
operations – does not threaten ‘obedience, unity, commitment, and esprit de corps’ in the same way as speech from active-duty soldiers,” Leon wrote.

“Nor can speech from retired servicemembers ‘undermine the effectiveness of response to command’ as directly as speech from active-duty soldiers.”

Leon also acknowledged that Kelly’s role as a lawmaker in Congress compounded the harms from any attempts to curtail his free-speech rights.

“If legislators do not feel free to express their views and the views of their constituents without fear of reprisal by the Executive, our representative system of Government cannot function!” he wrote, in one of his many exclamatory statements.

The judge was also harshly critical of the Trump administration’s arguments that Kelly’s rank and retirement benefits were solely a military matter, not a judicial one.

Leon described Hegseth’s letter of censure as making Kelly’s punishment a “fait accompli” – a foregone conclusion – given that such a document cannot be appealed and could itself serve as the basis for a demotion.

“Here, the retaliation framework fits like a glove,” Leon said, appearing to validate the crux of Kelly’s lawsuit.

At another point, he rejected the government’s arguments by saying, “Put simply, Defendants’ response is anemic!”

The injunction he offered, though, is temporary and will last only until the lawsuit reaches a resolution.

Trump administration responds

In the wake of the injunction, Kelly took to social media to say the short-term victory was a win for all military veterans.

“Today a federal court made clear that Pete Hegseth violated the Constitution when he tried to punish me for something I said,” Kelly said in a video statement.

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

He added that the US faces a “critical moment” in its history, warning of the erosion of fundamental rights.

Kelly then proceeded to accuse the Trump administration of “cracking down on our rights and trying to make examples of anybody they can”. He also acknowledged that the legal showdown had only just begun.

“I appreciate the judge’s careful consideration of this case,” Kelly said. “But I also know that this might not be over yet, because this president and this administration do not know how to admit when they’re wrong.”

Within a couple of hours of Kelly’s post, Hegseth himself shared a message on social media, confirming that the Trump administration would forge ahead with contesting Thursday’s decision.

“This will be immediately appealed,” Hegseth said of the injunction. “Sedition is sedition, ‘Captain.’”

Kelly is considered a Democratic contender for the presidency in 2028.