Overview
- U.S. District Judge Richard Leon granted a preliminary injunction barring Defense Secretary Pete Hegseth from demoting or otherwise penalizing Kelly while the senator’s lawsuit proceeds.
- Leon concluded Kelly’s comments were core political speech and noted no court has applied military speech restrictions to retirees, particularly a lawmaker engaged in oversight.
- A D.C. grand jury this week declined to indict Kelly and five other Democrats over the video after prosecutors sought seditious-conspiracy and related charges.
- Hegseth had issued a Jan. 5 letter of censure and opened a review of Kelly’s retired grade tied to public statements, and he has vowed to appeal the court’s order.
- The Justice Department has signaled potential further steps, with ongoing outreach to lawmakers and indications it could seek another attempt to bring charges.