WASHINGTON (Gray DC) – Just days after failed indictments against six Democratic lawmakers, the Trump Administration saw yet another legal loss Thursday; a federal judge temporarily blocked the Pentagon from disciplining Senator Mark Kelly (D-AZ) for what he said in a social media video posted in November.
Kelly and five other Democratic lawmakers from both chambers with military and intelligence experience posted the clip, calling for service members to refuse illegal orders. As a retired Navy Captain, Senator Kelly is the only one of the so-called “seditious six” who still falls under Department of Defense command.
But when the Pentagon tried to punish him for the video, a federal judge argued what was said in the post is his First Amendment right, siding with the Senator and saying the Department of Defense “trampled” on his constitutional freedoms.
“This judge had the right decision here,” said Kelly when speaking with reporters after the ruling, “and obviously understands and respects the Constitution and is not going to let this president continue with this kind of behavior.”
The preliminary injunction temporarily blocks the DOD from disciplining Kelly, including issuing a demotion and docking his retirement pay.
While the Department of Justice quickly opened an investigation into all lawmakers involved soon after the video surfaced claiming they illegally interfered with military loyalty, Kelly is the only lawmaker to also be targeted by Sec. Hegseth and the Pentagon.
Kelly says he didn’t choose this fight, but will continue to push back against being censured in the name of protecting the constitutional rights of all Americans. Not only that, he says he worries what continued efforts by the DOJ and DOD would mean for Congress.
“If they successfully indict me and Senator [Elissa] Slotkin (D-MI) and throw us in jail,” said Kelly, “it would fundamentally, and I think for generations, change the relationship between the United States Senate and the administration.”
Secretary Hegseth took to social media Thursday to respond to the ruling, saying it will be “immediately appealed” and calling Kelly’s comments “sedition”.
Earlier this week, the Department of Justice attempted to indict all six lawmakers and was turned down by a grand jury. Some impacted politicians, including Senator Slotkin, have said they may consider suing the Department of Justice; a possibility Kelly didn’t rule out as he celebrates another legal victory.
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