Federal judge suggests he'll block Trump admin's attempt to punish Mark Kelly

U.S. Senator Mark Kelly (D-AZ) speaks with members on Capitol Hill in Washington, D.C., U.S., October 23, 2025. REUTERS/Kylie Cooper/File Photo

After Sen. Mark Kelly (R-Ariz.) called on troops to remember their oath to disobey illegal orders, President Donald Trump's Department of Defense (DoD) made moves to cut his military pension. Now, a judge is likely to rule that move illegal.

That's according to a Tuesday article in CNN, which reported that U.S. District judge Richard Leon (an appointee of former President George W. Bush) scoffed at the DoD's argument for punishing the Arizona senator and retired U.S. Navy captain. According to CNN, Leon took issue with Pentagon lawyers' justification of including military retirees in its loophole to circumvent First Amendment protections for active-duty personnel.

"You’re asking me to do something the Supreme Court or the DC Circuit has never done," Leon said. "That's a bit of a stretch."

Tuesday's hearing came after Kelly sued the Trump administration, alleging its retaliatory measure was a violation of the U.S. Constitution's Speech and Debate Clause. That clause allows for sitting members of Congress to not be held liable for statements made in their capacity as lawmakers from institutions outside of Congress itself.

Kelly and several other Democratic lawmakers urged service members to refuse illegal orders in a video message posted to social media. Like Kelly, the other members of Congress in the video are veterans of the U.S. military and of intelligence agencies. Defense Secretary Pete Hegseth previously pushed for Kelly to face a court-martial over his remarks, though later revised the call for a court-martial to a demotion in rank (which would reduce his pension) and a censure letter.

"When viewed in totality, your pattern of conduct demonstrates specific intent to counsel servicemembers to refuse lawful orders," Hegseth's censure letter read. "This pattern demonstrates that you were not providing abstract legal education about the duty to refuse patently illegal orders. You were specifically counseling servicemembers to refuse particular operations that you have characterized as illegal."

Judge Leon signaled at the hearing that he would issue a ruling on Kelly's motion to block the Pentagon's move by Februrary 11.

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