Bush-Appointed Judge Temporarily Blocks Hegseth From Punishing Mark Kelly Over ‘Resist Unlawful Orders’ Video

(Jose Luis Magana/AP photo)

A federal judge has temporarily blocked the Pentagon from slapping Sen. Mark Kelly (D-AZ) with a punishment over a video urging military brass to “resist illegal orders” that Kelly recorded with five other lawmakers.

Judge Richard Leon, who was appointed by President George W. Bush in 2002, ruled that the action against Kelly amounted to a violation of rights guaranteed by the First Amendment, the Associated Press reported Thursday.

Last month, Defense Secretary Pete Hegseth announced administrative action against Kelly, accusing him of “seditious” conduct and initiating a process that could strip the retired Navy captain of rank and reduce his military pension.

The video, released by the Kelly and Senator Elissa Slotkin (D-MI), Reps. Chris Deluzio (D-PA), Maggie Goodlander (D-NH), Chrissy Houlahan (D-PA), Jason Crow (D-CO) — all former military and federal officials — reminded members of the military that they have the right to “refuse illegal orders” from their higher-ups.

Reaction to the video was swift, with President Donald Trump calling it “SEDITIOUS BEHAVIOR, punishable by DEATH!”

Earlier this week, Department of Justice prosecutors led by U.S. Attorney for the District of Columbia Jeanine Pirro, failed to obtain an indictment against the lawmakers because they couldn’t get a grand jury to support it.

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