WASHINGTON – At a hearing Tuesday, a federal judge cast Defense Secretary Pete Hegseth’s effort to demote Sen. Mark Kelly in retirement as an unprecedented attack on the free speech rights of military veterans. The judge also indicated he finds it unacceptable for the executive branch to try to silence a member of Congress by using his Navy pension as leverage. “How are they supposed to do their job?” U.S. District Judge Richard Leon said during a 45-minute hearing on Kelly’s effort to avoid demotion and a cut in retirement pay. The Arizona Democrat serves on the committee that oversees the Pentagon. He retired with the rank of captain in 2011. During his 25 years in uniform, he flew dozens of combat missions and four space shuttle missions for NASA. In a video released Nov. 18, Kelly and five other Democrats in Congress, all veterans of the military or CIA, urged active duty personnel to refuse unlawful orders. The video doesn’t specify any such orders. But at the time, Democrats were criticizing President Donald Trump over National Guard deployments into U.S. cities and deadly strikes in the Caribbean on purported drug smugglers. Days later, Trump took to Truth Social and said the six lawmakers should be “ARRESTED AND PUT ON TRIAL” for “SEDITIOUS BEHAVIOR, punishable by DEATH!” Secretary of Defense Pete Hegseth speaks to Marines in Panama City, Panama, April 8, 2025. (DOD photo by U.S. Air Force Senior Airman Madelyn Keech) On Jan. 5, Hegseth announced a letter of censure against Kelly for “seditious statements” in the video and a “pattern of reckless misconduct,“ and said Kelly would be demoted. Sen. Mark Kelly, D-Ariz., who served as a captain in the Navy, urged military personnel to “refuse illegal orders” in a Nov. 18, 2025, video posted with five other Democratic lawmakers who served in uniform or in U.S. intelligence agencies. (Screenshot from lawmakers’ video) The Defense Department has not yet said what the senator’s new rank would be. “Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability,” Hegseth said, adding that the video was “clearly intended to undermine good order and military discipline.” Kelly sat behind his lawyers during the hearing at the federal courthouse near the Capitol. “Today was a day in court, not just for my constitutional rights, but for millions of retired service members and really all Americans,” he told reporters afterwards. “There’s nothing more fundamental to our democracy than the freedom of speech and the freedom to speak out about our government, and that’s what I’m fighting (for).” The judge, named to the bench by President George W. Bush, pressed Justice Department lawyer John Bailey to cite any previous instance of a military retiree facing court-martial or other punishment for expressing a political viewpoint. Bailey was unable to do so. “You haven’t been able to find a case,” the judge said. “You’re asking me to do something the Supreme Court has never done.” Kelly filed a lawsuit Jan. 12 seeking to block the demotion. Tuesday’s hearing was on his request for a preliminary injunction. The judge said he will issue a ruling by Feb. 11. The consensus among scholars of military law is that reminding personnel of their duty to refuse illegal orders simply restates their training and established law. “Frankly, this is so far off the charts,” said John Vile, political science professor and dean of the Honors College at Middle Tennessee State University. “We have very broad free speech rights, and the attempt by the administration to intimidate people who oppose them is just antithetical to the First Amendment.” None of the other lawmakers in the video served long enough to retire with pay, so they are not subject to military discipline. It’s rare for a retiree to face such discipline except for conduct that took place during active duty. Donors have rallied behind Kelly. He has raised $12.5 million since releasing the video. He also created a legal defense fund. Kelly and every other Senate Democrat voted against Hegseth’s confirmation, as did three Republicans. Vice President JD Vance cast the tie-breaking vote. Others in the video have supported Kelly. Sen. Elissa Slotkin, D-Mich., a former CIA analyst who held high-level posts at the departments of State and Defense and on the National Security Council, cited comments Hegseth made in 2016 when he was a commentator for Fox News. He called it “standard” that the “military said it won’t follow unlawful orders from their commander in chief.” ### _Related_ Republish This Story Republish our articles for free, online or in print, under a Creative Commons license. Close window ## Republish this article This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. Media outlets are welcome to use Cronkite News content – free of charge – by agreeing to the following terms and conditions. Media partners must credit Cronkite News and our journalists by full name on any content published or aired, regardless of platform. This includes bylines and credits for photos, video and data visualizations. For example: Jane Doe/Cronkite News. Media partners must agree to run corrections, if any, on any Cronkite News story they publish. We also request the use of the following tagline: For more stories from Cronkite News, visit cronkitenews.azpbs.org. News organizations may edit content for style, and may add Cronkite News-produced elements – including text, video, photos and data visualizations – to their own content, with attribution to Cronkite News. Getty Images photos may not be republished by clients. Clients are free to use photos by Cronkite News staff or from government agencies and other public domain sources, with attribution. Cronkite News content includes a tracking pixel that allows us to collect anonymized engagement metrics. By publishing our content, you consent to our use of this tracking technology for monitoring and analytical purposes. The Walter Cronkite School of Journalism and Mass Communication owns the copyright to all Cronkite News-produced work. When downloading and publishing content from Cronkite News, media partners understand and agree there is no exclusive right to the content. # Judge sees Hegseth bid to demote Sen. Mark Kelly as assault on free speech of veterans by Alysa Horton, Cronkite News February 3, 2026 HTML Plain Text <h1>Judge sees Hegseth bid to demote Sen. Mark Kelly as assault on free speech of veterans</h1> <p class="byline">by Alysa Horton, Cronkite News <br />February 3, 2026</p> <p>WASHINGTON – At a hearing Tuesday, a federal judge cast Defense Secretary Pete Hegseth’s effort to demote Sen. Mark Kelly in retirement as an unprecedented attack on the free speech rights of military veterans.</p> <p>The judge also indicated he finds it unacceptable for the executive branch to try to silence a member of Congress by using his Navy pension as leverage.</p> <p>“How are they supposed to do their job?” U.S. District Judge Richard Leon said during a 45-minute hearing on Kelly’s effort to avoid demotion and a cut in retirement pay.</p> <p>The Arizona Democrat serves on the committee that oversees the Pentagon. He retired with the rank of captain in 2011. During his 25 years in uniform, he flew dozens of combat missions and four space shuttle missions for NASA. </p> <p>In <a href="https://www.youtube.com/shorts/Fk9Gh3qwW4I">a video</a> released Nov. 18, Kelly and five other Democrats in Congress, all veterans of the military or CIA, urged active duty personnel to refuse unlawful orders. </p> <p>The video doesn’t specify any such orders. But at the time, Democrats were criticizing President Donald Trump over National Guard deployments into U.S. cities and deadly strikes in the Caribbean on purported drug smugglers.</p> <p>Days later, Trump took to Truth Social and said the six lawmakers should be “ARRESTED AND PUT ON TRIAL” for “SEDITIOUS BEHAVIOR, punishable by DEATH!”</p> <figure class="wp-block-image size-large"><img src="https://cronkitenews.azpbs.org/wp-content/uploads/2026/02/Pete-Hegseth-in-Panama-1024x683.jpg" alt="Secretary of Defense Pete Hegseth speaks to U.S. Marine Corps Marines after the inauguration ceremony for Pier 3 in Panama City, Panama, April 8, 2025. (DOD photo by U.S. Air Force Senior Airman Madelyn Keech)" class="wp-image-99388" /><figcaption class="wp-element-caption">Secretary of Defense Pete Hegseth speaks to Marines in Panama City, Panama, April 8, 2025. (DOD photo by U.S. Air Force Senior Airman Madelyn Keech)</figcaption></figure> <p>On Jan. 5, Hegseth announced a letter of censure against Kelly for “seditious statements” in the video and a “pattern of reckless misconduct,“ and said Kelly would be demoted. </p> <figure class="wp-block-image alignright size-full"><img src="https://cronkitenews.azpbs.org/wp-content/uploads/2025/11/Kelly-refuse-illegal-orders.png" alt="" class="wp-image-98062" /><figcaption class="wp-element-caption">Sen. Mark Kelly, D-Ariz., who served as a captain in the Navy, urged military personnel to "refuse illegal orders" in a Nov. 18, 2025, video posted with five other Democratic lawmakers who served in uniform or in U.S. intelligence agencies. (Screenshot from lawmakers' video)</figcaption></figure> <p>The Defense Department has not yet said what the senator’s new rank would be.</p> <p>“Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability,” Hegseth said, adding that the video was “clearly intended to undermine good order and military discipline.”</p> <p>Kelly sat behind his lawyers during the hearing at the federal courthouse near the Capitol.</p> <p>“Today was a day in court, not just for my constitutional rights, but for millions of retired service members and really all Americans,” he told reporters afterwards. “There's nothing more fundamental to our democracy than the freedom of speech and the freedom to speak out about our government, and that's what I'm fighting (for).”</p> <p>The judge, named to the bench by President George W. Bush, pressed Justice Department lawyer John Bailey to cite any previous instance of a military retiree facing court-martial or other punishment for expressing a political viewpoint. </p> <p>Bailey was unable to do so.</p> <p>“You haven’t been able to find a case,” the judge said. “You’re asking me to do something the Supreme Court has never done.”</p> <p>Kelly filed a lawsuit Jan. 12 seeking to block the demotion. Tuesday’s hearing was on his request for a preliminary injunction.</p> <p>The judge said he will issue a ruling by Feb. 11.</p> <p>The consensus among scholars of military law is that reminding personnel of their duty to refuse illegal orders simply restates their training and established law. </p> <p>“Frankly, this is so far off the charts,” said John Vile, political science professor and dean of the Honors College at Middle Tennessee State University. “We have very broad free speech rights, and the attempt by the administration to intimidate people who oppose them is just antithetical to the First Amendment.”</p> <p>None of the other lawmakers in the video served long enough to retire with pay, so they are not subject to military discipline. It’s rare for a retiree to face such discipline except for conduct that took place during active duty.</p> <p>Donors have rallied behind Kelly. He has raised $12.5 million since releasing the video. He also created a legal defense fund.</p> <p>Kelly and every other Senate Democrat voted against Hegseth’s confirmation, as did three Republicans. Vice President JD Vance cast the tie-breaking vote.</p> <p>Others in the video have supported Kelly.</p> <p>Sen. Elissa Slotkin, D-Mich., a former CIA analyst who held high-level posts at the departments of State and Defense and on the National Security Council, cited comments Hegseth made in 2016 when he was a commentator for Fox News. </p> <p>He called it “standard” that the “military said it won't follow unlawful orders from their commander in chief.”</p> <p>This <a target="_blank" href="https://cronkitenews.azpbs.org/2026/02/03/mark-kelly-demotion-hegseth-hearing/">article</a> first appeared on <a target="_blank" href="https://cronkitenews.azpbs.org">Cronkite News</a> and is republished here under a <a target="_blank" href="https://creativecommons.org/licenses/by-nd/4.0/">Creative Commons Attribution-NoDerivatives 4.0 International License</a>.</p> <img id="republication-tracker-tool-source" src="https://cronkitenews.azpbs.org/?republication-pixel=true&post=99387" style="width:1px;height:1px;"><script> PARSELY = { autotrack: false, onload: function() { PARSELY.beacon.trackPageView({ url: "https://cronkitenews.azpbs.org/2026/02/03/mark-kelly-demotion-hegseth-hearing/", urlref: window.location.href }); } } </script> <script id="parsely-cfg" src="//cdn.parsely.com/keys/cronkitenews.azpbs.org/p.js"></script> **Canonical Tag:** Copy Tag **Article Content:** Judge sees Hegseth bid to demote Sen. Mark Kelly as assault on free speech of veterans Alysa Horton, Cronkite News February 3, 2026 WASHINGTON – At a hearing Tuesday, a federal judge cast Defense Secretary Pete Hegseth’s effort to demote Sen. Mark Kelly in retirement as an unprecedented attack on the free speech rights of military veterans. The judge also indicated he finds it unacceptable for the executive branch to try to silence a member of Congress by using his Navy pension as leverage. “How are they supposed to do their job?” U.S. District Judge Richard Leon said during a 45-minute hearing on Kelly’s effort to avoid demotion and a cut in retirement pay. The Arizona Democrat serves on the committee that oversees the Pentagon. He retired with the rank of captain in 2011. During his 25 years in uniform, he flew dozens of combat missions and four space shuttle missions for NASA. In a video released Nov. 18, Kelly and five other Democrats in Congress, all veterans of the military or CIA, urged active duty personnel to refuse unlawful orders. The video doesn’t specify any such orders. But at the time, Democrats were criticizing President Donald Trump over National Guard deployments into U.S. cities and deadly strikes in the Caribbean on purported drug smugglers. Days later, Trump took to Truth Social and said the six lawmakers should be “ARRESTED AND PUT ON TRIAL” for “SEDITIOUS BEHAVIOR, punishable by DEATH!” On Jan. 5, Hegseth announced a letter of censure against Kelly for “seditious statements” in the video and a “pattern of reckless misconduct,“ and said Kelly would be demoted. The Defense Department has not yet said what the senator’s new rank would be. “Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability,” Hegseth said, adding that the video was “clearly intended to undermine good order and military discipline.” Kelly sat behind his lawyers during the hearing at the federal courthouse near the Capitol. “Today was a day in court, not just for my constitutional rights, but for millions of retired service members and really all Americans,” he told reporters afterwards. “There's nothing more fundamental to our democracy than the freedom of speech and the freedom to speak out about our government, and that's what I'm fighting (for).” The judge, named to the bench by President George W. Bush, pressed Justice Department lawyer John Bailey to cite any previous instance of a military retiree facing court-martial or other punishment for expressing a political viewpoint. Bailey was unable to do so. “You haven’t been able to find a case,” the judge said. “You’re asking me to do something the Supreme Court has never done.” Kelly filed a lawsuit Jan. 12 seeking to block the demotion. Tuesday’s hearing was on his request for a preliminary injunction. The judge said he will issue a ruling by Feb. 11. The consensus among scholars of military law is that reminding personnel of their duty to refuse illegal orders simply restates their training and established law. “Frankly, this is so far off the charts,” said John Vile, political science professor and dean of the Honors College at Middle Tennessee State University. “We have very broad free speech rights, and the attempt by the administration to intimidate people who oppose them is just antithetical to the First Amendment.” None of the other lawmakers in the video served long enough to retire with pay, so they are not subject to military discipline. It’s rare for a retiree to face such discipline except for conduct that took place during active duty. Donors have rallied behind Kelly. He has raised $12.5 million since releasing the video. He also created a legal defense fund. Kelly and every other Senate Democrat voted against Hegseth’s confirmation, as did three Republicans. Vice President JD Vance cast the tie-breaking vote. Others in the video have supported Kelly. Sen. Elissa Slotkin, D-Mich., a former CIA analyst who held high-level posts at the departments of State and Defense and on the National Security Council, cited comments Hegseth made in 2016 when he was a commentator for Fox News. He called it “standard” that the “military said it won't follow unlawful orders from their commander in chief.” This article first appeared on Cronkite News and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License. Copy Content **Tracking snippet:** Copy Snippet Copy to Clipboard 1

The British government’s business department exists to undermine democracy.

The denouement of DOJ's misconduct complaint against Chief Judge Boasberg provides useful lessons relating to both the Department's continuing misbehavior and the emptiness of calls for impeachment.