Judge blocks Hegseth from punishing Kelly over video

Defense Secretary Pete Hegseth pushed for the senator to be demoted over a video in which he reminds military officials they should refuse illegal orders

Senator Mark Kelly, a Democrat from Arizona, during a Senate Armed Services Committee confirmation hearing in Washington, DC, US, on Thursday, Jan. 15, 2026. The top Democrat on the Senate Armed Services Committee pushed President Donald Trump's nominee to lead US Southern Command for clarity on how he would handle the risks and potential fallout following the US attack on Venezuela that ousted Nicolas Maduro. Photographer: Aaron Schwartz/Bloomberg via Getty Images
Senator Mark Kelly during a Senate Armed Services Committee confirmation hearing on Jan. 15, 2026
(Image credit: Aaron Schwartz / Bloomberg / Getty Images)

What happened

U.S. District Judge Richard Leon Thursday blocked the Pentagon from penalizing Sen. Mark Kelly (D-Ariz.) over his involvement in a video reminding military officials of their obligation to refuse illegal orders. Defense Secretary Pete Hegseth pushed for the senator and former Navy fighter pilot to be formally censured and demoted for the video, which also involved five other congressional Democrats with military or intelligence backgrounds.

Who said what

“This court has all it needs to conclude that defendants have trampled on Sen. Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Leon, a George W. Bush appointee, wrote in his 29-page opinion. “To say the least, our retired veterans deserve more respect from their government, and our Constitution demands they receive it!”

Kelly’s lawsuit against Hegseth and other Pentagon officials is “just one front in a broader dispute that has spiraled between the group of Democratic lawmakers and the Trump administration since they posted the video,” The Associated Press said. Earlier this week, U.S. Attorney Jeanine Pirro’s office tried to get a grand jury to indict the six Democrats for seditious conspiracy, but failed to “convince a single juror that they had met the threshold to bring charges,” NBC News said.

What next?

Leon’s ruling bars the Pentagon from acting against Kelly while his lawsuit plays out. Hegseth said he would appeal. “Sedition is sedition, ‘Captain,’” he wrote on social media. Sen. Elissa Slotkin (D-Mich.) “has been told the Justice Department could seek a new indictment” as soon as today against her, Kelly and the four other Democrats in the video, the AP said. “This might not be over yet,” Kelly said on social media, “because this president and this administration do not know how to admit when they’re wrong.”

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Rafi Schwartz, The Week US

Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.