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Judge blocks Pentagon from punishing Sen. Mark Kelly for call to resist unlawful orders

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Judge blocks Pentagon from punishing Sen. Mark Kelly for call to resist unlawful orders
News

News

Judge blocks Pentagon from punishing Sen. Mark Kelly for call to resist unlawful orders

2026-02-13 04:24 Last Updated At:04:31

WASHINGTON (AP) — A federal judge agreed Thursday to block the Pentagon from punishing Democratic Sen. Mark Kelly, a former Navy pilot, for participating in a video that called on troops to resist unlawful orders.

U.S. District Judge Richard Leon ruled that Pentagon officials not only violated Kelly's First Amendment free speech rights, but they also “threatened the constitutional liberties of millions of military retirees.” The judge invoked an old-fashioned rebuke -- “Horsefeathers!” -- in response to the government’s claim that Kelly is trying to exempt himself from the rules of military justice.

“To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!” wrote Leon, who was nominated to the bench by Republican President George W. Bush.

Kelly, who represents Arizona, sued in federal court to block his Jan. 5 censure from Defense Secretary Pete Hegseth. Leon's order prohibits the Pentagon from implementing or enforcing Kelly's punishment while his lawsuit is pending. The judge instructed the parties to provide him with an update in 30 days.

In November, Kelly and five other Democratic lawmakers appeared on a video in which they urged troops to uphold the Constitution and not to follow unlawful military directives from the Trump administration. Republican President Donald Trump accused the lawmakers of sedition “punishable by DEATH” in a social media post days later.

The court case is just one front in a broader dispute that has spiraled between the group of Democratic lawmakers and the Trump administration since they posted the video. Earlier this week, a Washington grand jury declined to indict the lawmakers over the video.

Michigan Sen. Elissa Slotkin has said she has been told the Justice Department could seek a new indictment as soon as Friday. Kelly and Slotkin said at a news conference Wednesday that they are keeping all legal options on the table regarding potentially suing the administration.

Hegseth said the government will appeal Leon's decision. “Sedition is sedition, ‘Captain,’” he posted on his X account, referring to Kelly by his rank at retirement.

Leon said that Kelly “is likely to succeed on the merits” of his free speech claim. “He has also shown irreparable harm, and the balance of the equities fall decidedly in his favor.”

Hegseth said Kelly’s censure was “a necessary process step” to proceedings that could result in a demotion from the senator’s retired rank of captain and subsequent reduction in retirement pay.

The judge concluded that Kelly's speech is entitled to full First Amendment protection.

“Rather than trying to shrink the First Amendment liberties of retired servicemembers, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired servicemembers have brought to public discussions and debate on military matters in our Nation over the past 250 years,” Leon wrote.

“If so,” he added, “they will more fully appreciate why the Founding Fathers made free speech the First Amendment in the Bill of Rights!”

Kelly said in a video statement posted after the ruling that the case was about more than just him and that the administration “was sending a message to millions of retired veterans that they too can be censured or demoted just for speaking out.”

He added that the ruling was unlikely the end: “This might not be over yet, because this president and this administration do not know how to admit when they’re wrong.”

The 90-second video was first posted on a social media account belonging to Slotkin. Reps. Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire and Chrissy Houlahan of Pennsylvania also appeared in the video. All of the participants are veterans of the armed services or intelligence agencies.

The Pentagon began investigating Kelly in late November, citing a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other punishment. Hegseth has said Kelly was the only one of the six lawmakers to be investigated because he is the only one who formally retired from the military and still falls under the Pentagon’s jurisdiction.

Kelly’s lawyers said the Pentagon’s censure of Kelly — and its efforts to reduce his retirement grade and pay — are an unprecedented attack on the rights of veterans to publicly debate national security issues.

“Defendants assert an absolute and unreviewable authority to impose military punishment on a retired veteran and sitting United States Senator for engaging in speech a civilian political appointee dislikes. That position is as alarming as it is unprecedented,” they wrote.

Government lawyers said the case “is not about legislative independence or freedom of speech in civilian society.”

“Instead, this case involves a retired military officer who seeks to use his military status as a sword and his legislative position as a shield against the consequences of his actions in military personnel matters,” they wrote.

Hegseth, the Defense Department, Navy Secretary John Phelan and the Navy are named as defendants in the lawsuit.

Associated Press writer Ben Finley contributed to this report.

Sen. Mark Kelly, D-Ariz., speaks during a news conference at Capitol Hill, Wednesday, Feb. 11, 2026, in Washington. (AP Photo/Jose Luis Magana)

Sen. Mark Kelly, D-Ariz., speaks during a news conference at Capitol Hill, Wednesday, Feb. 11, 2026, in Washington. (AP Photo/Jose Luis Magana)

PHOENIX (AP) — Ta'Niya Latson scored 16 and Agot Makeer added 14 points and South Carolina played stifling defense to beat UConn 62-48 on Friday night, ending the Huskies' 54-game winning streak and advancing to the women's NCAA Tournament championship game.

The Gamecocks will face the winner of Texas and UCLA semifinal on Sunday for the title, capping off another March Madness. South Carolina (36-3) will be looking to win its fourth national championship. Their other three have come in the last decade.

UConn (38-1) entered the Final Four undefeated for the ninth time in school history and for the third straight time left without a title. The Huskies also lost in the 2017 and 2018 national semifinals. This was the fewest points UConn had scored since putting up 49 points in a national championship game loss to the Gamecocks in 2022.

“Coach was pretty mad going into the half," Latson said of coach Dawn Staley. "She was yelling ‘Meet the moment! Meet the moment!’ We couldn’t be scared to play on this stage, especially against UConn. I mean, they were undefeated.”

The Huskies and Gamecocks played last season for the title and UConn came away with an 82-59 rout for the school’s 12th national championship. UConn also beat South Carolina handily during the 2024-25 regular season.

With less than a second remaining in the game, UConn coach Geno Auriemma walked across the court to shake hands with Staley and had an animated conversation with the South Carolina coach while pointing to the floor. Staley yelled back at him as assistants from both teams separated the two.

When the clock ran out finally, Auriemma walked straight to the tunnel and didn’t shake hands. The two teams did shake hands.

“I have no idea,” Staley said when asked what happened between the coaches. "But I’m gonna let you know this, I’m of integrity. I’m of integrity. So if I did something wrong, to Geno, I had no idea what I did.

"I guess he thought I didn’t shake his hand at the beginning of the game. I didn’t know. I went down there pregame, shook everybody on his staff’s hand.

“I don’t know what he came with after the game, but, hey, sometimes things get heated. We move on.”

The teams came into the game as the second- and third-leading scoring teams in the nation, both averaging over 87 points per game. This was a defensive battle.

Leading 46-44 a few minutes into the third quarter, South Carolina scored five straight points, capped by Agot Makeer’s 3-pointer to extend the advantage to seven.

Sarah Strong hit a 3-pointer to get the Huskies back within 51-47 with 4:39 left. The Huskies didn't score again until Strong hit a free throw with 30.8 seconds left, after South Carolina had scored 11 straight points.

South Carolina clamped down on UConn’s two stars. Strong, who was honored as the AP Player of the Year on Thursday, had 12 points and 12 rebounds, but went 4 for 16 from the field. Azzi Fudd had just eight points for the Huskies, making only 3 of 15 shots.

UConn had its worst shooting night of the season finishing 19 for 61 (31.1%) from the field.

Trailing 26-24 at the half, South Carolina opened the third quarter with a 12-2 run to take the lead. The Gamecocks extended the advantage to 40-30 — the biggest deficit the Huskies’ had faced this season.

UConn, which missed 10 of its first 11 3-point attempts, then started to get hot from the field, hitting three consecutive 3-pointers, the last by Fudd to get within 40-39. The All-America guard had missed seven of her first eight shots as she was blanketed by South Carolina’s defense.

South Carolina’s Tessa Johnson scored the final four points of the quarter to make it 44-39.

Both teams had cruised to the Final Four, each winning in the first four rounds of the tournament easily. The Huskies had been rarely challenged all season long, routing their Big East opponents by record margins.

Facing their first real test in a long time, they had no answer.

The opening 20 minutes was full of missed shots and turnovers. The two teams combined to shoot 22 for 62 from the field (35.4%) and had 14 turnovers. UConn led 26-24 at the half.

There were dozens of former Huskies and Gamecocks players in the crowd including Diana Taurasi, Paige Bueckers and Aliyah Boston. Boston was sitting next to Flavor Flav, who is a huge supporter of women’s sports.

AP March Madness bracket: https://apnews.com/hub/ncaa-womens-bracket and coverage: https://apnews.com/hub/march-madness

UConn guard Azzi Fudd (35) fouls South Carolina forward Joyce Edwards (8) during the second half of a woman's NCAA college basketball tournament semifinal game at the Final Four, Friday, April 3, 2026, in Phoenix. (AP Photo/Rick Scuteri)

UConn guard Azzi Fudd (35) fouls South Carolina forward Joyce Edwards (8) during the second half of a woman's NCAA college basketball tournament semifinal game at the Final Four, Friday, April 3, 2026, in Phoenix. (AP Photo/Rick Scuteri)

South Carolina guard Agot Makeer (44) and UConn guard Kayleigh Heckel (9) scramble for the ball during the second half of a woman's NCAA college basketball tournament semifinal game at the Final Four, Friday, April 3, 2026, in Phoenix. (AP Photo/Ross D. Franklin)

South Carolina guard Agot Makeer (44) and UConn guard Kayleigh Heckel (9) scramble for the ball during the second half of a woman's NCAA college basketball tournament semifinal game at the Final Four, Friday, April 3, 2026, in Phoenix. (AP Photo/Ross D. Franklin)

South Carolina guard Ta'Niya Latson (00) drives against UConn guard Blanca Quinonez (4) during the second half of a woman's NCAA college basketball tournament semifinal game at the Final Four, Friday, April 3, 2026, in Phoenix. (AP Photo/Rick Scuteri)

South Carolina guard Ta'Niya Latson (00) drives against UConn guard Blanca Quinonez (4) during the second half of a woman's NCAA college basketball tournament semifinal game at the Final Four, Friday, April 3, 2026, in Phoenix. (AP Photo/Rick Scuteri)

South Carolina guard Tessa Johnson (5) shoots over UConn forward Sarah Strong (21) during the second half of a woman's NCAA college basketball tournament semifinal game at the Final Four, Friday, April 3, 2026, in Phoenix. (AP Photo/Rick Scuteri)

South Carolina guard Tessa Johnson (5) shoots over UConn forward Sarah Strong (21) during the second half of a woman's NCAA college basketball tournament semifinal game at the Final Four, Friday, April 3, 2026, in Phoenix. (AP Photo/Rick Scuteri)

South Carolina guard Ta'Niya Latson (00) and South Carolina guard Agot Makeer (44) go for a rebound against UConn during the first half of a woman's NCAA college basketball tournament semifinal game at the Final Four, Friday, April 3, 2026, in Phoenix. (AP Photo/Ross D. Franklin)

South Carolina guard Ta'Niya Latson (00) and South Carolina guard Agot Makeer (44) go for a rebound against UConn during the first half of a woman's NCAA college basketball tournament semifinal game at the Final Four, Friday, April 3, 2026, in Phoenix. (AP Photo/Ross D. Franklin)

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