Federal Judge Blocks Trump’s War Department From Punishing ‘Seditious Six’ Lawmaker
A federal judge on Thursday blocked War Department Secretary Pete Hegseth from punishing Arizona Democratic Sen. Mark Kelly for his role in a viral video from November 2025 urging U.S. service members not to follow “unlawful orders.”
U.S. District Judge Richard Leon — appointed by former President George W. Bush — issued a preliminary injunction preventing Kelly, a retired Navy captain, from having his military rank demoted and his retirement pay reduced. The move is the latest setback in the Trump administration’s efforts to penalize the six Democrats who participated in the video. (RELATED: Grand jury declines to indict Democratic ‘seditious six’ over ‘unlawful orders’ video)
Leon called the Pentagon’s efforts “horse feathers!” » noting that the desire to punish Kelly is “a troubling development in a free country!” »
“This Court has all it takes to conclude that defendants trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Leon wrote. “To say the least, our retired veterans deserve more respect from their government, and our Constitution requires that they receive it! »
This will be immediately appealed.
Sedition is sedition, “Captain.” https://t.co/dKrvhqy1a5
– Pete Hegseth (@PeteHegseth) February 12, 2026
Kelly told reporters Thursday that the law and the Constitution were “on my side” and Leon “clearly expressed” Hegseth was trying to violate the First Amendment rights of millions of military retirees.
“It’s not just about me and I’m not fighting because it affects me personally. I’m fighting because there are millions of military retirees, who by the way, I’ve heard from many of these people who have changed what they say and do because of the way this president acts toward me,” the Arizona Democrat said.
Kelly’s colleague in the upper chamber, Michigan Democratic Sen. Elissa Slotkin, who was also in the video, told the Daily Caller News Foundation that the judge’s decision was “great” before quickly hugging Kelly as he spoke to reporters.
“This is yet another victory in a row with the grand jury decision for democracy and free speech, and right now, average citizens and average judges are holding back democracy in ways that our president cannot,” Slotkin told DCNF.
Today, U.S. Attorney Jeanine Pirro tried to persuade a grand jury to indict me. This was in response to the fact that I had curated a 90-second video that simply cited the law. Pirro did this at the direction of President Trump, who repeatedly said that I should be investigated, arrested,…
– Senator Elissa Slotkin (@SenatorSlotkin) February 11, 2026
A Washington grand jury on Tuesday rejected the Justice Department’s attempt to indict the six Democrats, all of whom have military and intelligence experience. Kelly and Slotkin participated in the video alongside House Representatives Jason Crow of Colorado, Chris Deluzio of Pennsylvania and Maggie Goodlander of New Hampshire.
“If these assholes think they’re going to intimidate us and threaten me and silence me, and they’re going to go after political opponents and make us back down, they’ve got another thing coming,” Crow said Tuesday after the indictment fell through.
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