In November 2025, Sen. Mark Kelly (D-AZ), a retired Navy captain, appeared in a video with five other Democratic lawmakers who have military or intelligence backgrounds. The video reminded service members of their legal duty to refuse unlawful orders. President Trump called this "seditious behavior" and suggested imprisonment or death as punishment.
On January 5, 2026, Defense Secretary Pete Hegseth issued a formal letter of censure against Kelly, claiming his public criticism "undermines the chain of command" and constitutes conduct unbecoming an officer. Hegseth initiated proceedings to reduce Kelly's retirement rank and threatened criminal prosecution. Kelly sued, arguing the action violated his First Amendment rights and the Speech or Debate Clause protecting members of Congress.
On February 12, 2026, U.S. District Judge Richard Leon granted a preliminary injunction blocking the Pentagon action. Leon, a George W. Bush appointee, ruled that while active-duty service members have limited free speech protections, no court has ever extended those restrictions to retired service members, especially those serving in Congress. He found Kelly likely to succeed on the merits and that the government's actions "trampled" on constitutional rights. Hegseth announced he would immediately appeal. The ruling came days after a grand jury refused to indict Kelly and the other lawmakers over the video.
