There was a hearing in the Mark Kelly sedition case yesterday. It seems the judge wonders what, if any, legal authority the Pentagon has to censure Kelly’s right to free speech.

U.S. District Judge Richard Leon, appointed to his post by former Republican President George W. Bush, said he was unaware of any U.S. Supreme Court precedent that would justify punishing Kelly, a retired Navy pilot, for his participation in the recording. The Arizona Democrat attended the hearing as his attorneys asked Leon to block the Pentagon from taking disciplinary action against him.

Of course there isn’t an actual Supreme Court precedent for a case like this. Then again, none of us had on our bingo cards, retired military and former spook officers publishing a video that tells soldiers to disobey orders they don’t agree with! 

In reality, not one single soldier can refuse an order. In fact, they don’t get to decide which orders are or aren’t lawful. 

But the Seditious Six, and others, truly thought they could get away with urging active duty military to disobey any orders from their commanders and Commander-in-Chief if THEY decide it’s illegal. 

But Judge Richard Leon has taken the tack that censuring any speech by elected officials is going to have a chilling effect on free speech. 

“The chilling effect of this kind of action will be on many, many other retirees who wish to voice their opinion,” the judge said.

Here’s the problem with this. It wasn’t an OPINION voiced by Kelly and his cohorts. No, it was a call to action. 

Furthermore, any member of the military who is formally retired is STILL subject to UCMJ restrictions. 

But wait, doesn’t Kelly get a free pass as a member of Congress?? That’s what his attorneys seem to believe. 

But lawyers for the senator argue the Pentagon’s actions run afoul of his First Amendment rights and that his comments are protected by the Constitution’s Speech and Debate Clause, which states that a sitting member of Congress is protected from certain inquiries and procedures that originate outside of Congress. Additionally, they say the moves violate his due process rights, describing them as “foreordained decision making.”

Here’s what Kelly and the rest of the Seditious Six want us to forget. Urging active duty military to disobey orders is instigating rebellion in the ranks. 

Kelly seems to think the judge is swayed his way. Given the judge’s comments, that’s a possibility. That isn’t stopping Kelly from publishing a virtue-preening post on X. 

I just left the court.

Today’s hearing was not just for my Constitutional rights, but for millions of retired veterans and all Americans. There is nothing more fundamental to our Democracy than the freedom to speak out about our government – that’s what I’m fighting for.…

— Senator Mark Kelly (@SenMarkKelly) February 3, 2026

The rest reads as follows:

Given what’s at stake, I appreciate the judge’s quick and careful consideration in this lawsuit.

I wore the uniform to defend this country and our Constitution.

Secretary Hegseth has censured me and is trying to demote me for things I said. For doing my job as a Senator.

This isn’t happening in isolation. Since taking office, this administration has repeatedly gone after the First Amendment rights of Americans.

That’s not how we do things in the United States of America.

We have the Constitution and the law on our side.

Oh where to begin with this preening drivel?

One: Kelly is firmly aware of the Uniform Code of Military Justice and all the legalities entailed. He knows full well the possible demotion is because he has advocated for our military to defy orders they don’t like. 

Two: He isn’t being censured or shut down. Kelly has been all over the airwaves for weeks on end since the infamous sedition video aired. He’s been exercising his free speech rights all over the damned place! 

The Constitutional right for him to say exceptionally stupid stuff and violate UCMJ is still in place. 

But the UCMJ, which even he as a retired member of the military, does have weight and bearing. Even as current and former members of the military try to convince us otherwise. 

Senator Kelly's fight is for all of us who have worn the uniform, and for the rights of all Americans to criticize their government. https://t.co/kn6iZtqFrO

— Bree Fram (@BFram3) February 4, 2026

Keep in mind, Bree is no longer in the military because he is medically unfit for duty as a transgender.

Sen. Mark Kelly: "I've heard from retired service members who already have changed what they say because of how Pete Hegseth has gone after me. So this isn't just about me. I'm just the first one through the breach here that has to stick up for the rights of all of us." pic.twitter.com/irnKfqBGxU

— Aaron Rupar (@atrupar) February 4, 2026

OHHH, so Kelly is telling us that there are other current and retired members of the military who are ALSO advocating for sedition? 

Great. Let’s find them and haul them in front of a UCMJ court. 

The other part of this is that Kelly and his pricey attorneys went judge shopping. What SHOULD happening is putting Kelly on trial in front of a military court. 

Most importantly, no matter how Kelly’s attorneys argued the case yesterday, this isn’t about Kelly or any other retired member of the military offering an “opinion.”

“The military is not required to tolerate speech by its own members – active or retired – that undermines the chain of command, encourages disobedience, or erodes confidence in leadership,” the department wrote in court papers. “The Secretary’s determination that (Kelly’s) statements posed those risks is entitled to the highest degree of deference, if it is reviewable at all.”

Kelly and the rest of the Seditious Six promoted an assertion, not an opinion. The judge can dither all he wants, but fact is, Kelly was wrong and we ALL know it. 

Feature Photo Credit: Mark Kelly by Gage Skidmore via Wikimedia, cropped and modified