EXCLUSIVE: Pete Hegseth Blocked From Punishing Mark Kelly Over Military Speech — After Defense Sec. Attempted to Censure Democratic Senator
Sen. Mark Kelly and Defense Secretary Pete Hegseth are at the center of a legal battle over Kelly's military-related speech.
Sept. 14 2026, Published 6:45 p.m. ET
Defense Secretary Pete Hegseth has been blocked by a federal judge from punishing Democratic Sen. Mark Kelly over a controversial military speech after the Pentagon attempted to censure the former Navy captain and potentially slash his retirement rank and benefits, RadarOnline.com can reveal.
U.S. District Judge Richard Leon granted Kelly a preliminary injunction in February, halting disciplinary proceedings stemming from a video in which Kelly and other Democratic lawmakers reminded service members they are not required to obey unlawful orders.
Judge Blocks Pete Hegseth's Move Against Mark Kelly
Hegseth was blocked from enforcing disciplinary action against Kelly while the lawsuit moves forward.
According to court documents obtained by Radar, Hegseth had formally censured Kelly and initiated proceedings that could have reduced his retired military grade and pay.
Kelly, a sitting Arizona senator, retired Navy captain, and former NASA astronaut, sued Hegseth, the Department of Defense, and Navy officials, arguing the actions violated his First Amendment rights.
Leon concluded Kelly was likely to succeed on his First Amendment claim, finding his speech was constitutionally protected and rejecting the government’s attempt to apply restrictions typically imposed on active-duty military personnel.
Kelly's status as a military retiree, rather than an active-duty service member, proved crucial to Leon's ruling.
Markl Kelly Scores First Amendment Win
Kelly, a retired Navy captain and former NASA astronaut, sued Pentagon officials over efforts to censure him.
The court found the government had not shown it could impose the same sweeping speech restrictions on retired military personnel like Kelly.
Leon accused Pentagon officials of having "trampled on Senator Kelly's First Amendment freedoms" and warned the government's position threatened the constitutional rights of millions of military retirees.
The injunction prevented Hegseth from enforcing the censure and stopped the Pentagon from moving forward with the retirement-grade proceedings while the case continued.
What Did Mark Kelly Say?
A federal judge halted the Pentagon's effort to punish Kelly, finding the senator was likely to succeed.
Those proceedings could have resulted in Kelly losing military rank and retirement benefits accumulated during his decades of service.
The dispute began after Kelly joined several Democratic lawmakers in a video telling members of the armed forces they could refuse unlawful orders.
Hegseth argued Kelly's comments undermined military discipline, while Kelly maintained the Pentagon was retaliating against him for constitutionally protected political speech. The ruling did not end the legal war.
Legal Battle Over Military Retirees Continues
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Kelly argued the Pentagon retaliated against him for constitutionally protected political speech.
Hegseth, the Defense Department, Navy Secretary John Phelan, and the Navy filed an interlocutory appeal on February 24, challenging Leon's preliminary injunction. The appeal was docketed in the U.S. Court of Appeals for the D.C. Circuit as Case No. 26-5070.
The underlying lawsuit therefore remains active, but Hegseth's effort to discipline Kelly cannot move forward under the district court's injunction unless that order is overturned or otherwise modified.
The case has emerged as a significant test of how much authority Pentagon leadership can exercise over the political speech of military retirees, particularly when the retired officer is also a sitting member of Congress.
