Overview
- U.S. District Judge Richard J. Leon on Feb. 12 granted a preliminary injunction blocking the Pentagon from reducing Sen. Mark Kelly’s retired rank or imposing further punishment while his lawsuit proceeds.
- Leon wrote that Pentagon actions trampled Kelly’s First Amendment rights and threatened the liberties of military retirees, stressing that courts have not extended active‑duty speech limits to retirees.
- The court ruled Kelly did not need to exhaust military administrative remedies, citing irreparable First Amendment injury and the futility of board review given the secretary’s prior censure.
- A Washington, D.C., grand jury this week declined to indict Kelly and five other lawmakers over their video advising service members to refuse unlawful orders.
- Several claims remain unresolved, including Speech or Debate issues, and the Defense Department says it will seek appellate review in the D.C. Circuit.