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Judge says Pete Hegseth is unlawfully retaliating against Sen. Mark Kelly over 'illegal orders' video

A judge ruled that the Pentagon’s efforts to punish Kelly over his video violated his First Amendment rights.

Judge says Pete Hegseth is unlawfully retaliating against Sen. Mark Kelly over 'illegal orders' video
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Outlet credibilityCNN International84/100 HIGH
This article1 analysis · Oct 10, 2026
tl;dr

A federal judge ruled that Defense Secretary Pete Hegseth unconstitutionally retaliated against Sen. Mark Kelly over a video urging service members to refuse illegal orders. The ruling, alongside a grand jury’s refusal to approve charges against Kelly, blocks two efforts to punish him over the video.

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12 VOTES
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Mark Kelly D · AZ · SEN

Counts every outlet’s report of this story. See all 75

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  • Readers of left-leaning coverage: 60% good look
  • Readers of right-leaning coverage: not enough votes yet
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Votes cast on this page: ▲ 0 · ◆ 0 · ▼ 0

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Mark Kelly
D · AZ · SEN

Arizona senator whose challenge to Hegseth’s disciplinary action was upheld by the judge

PRIMARY SUBJECT
Pete Hegseth
R · Secretary of Defense

Defense secretary who pursued administrative action against Kelly

Hegseth's version of this story ↗
Donald Trump
R · President of the United States

President whose administration was involved in the dispute and who criticized Kelly

ALSO MENTIONED  Richard Leon, Senior U.S. district judge who ruled in Kelly’s favor; George W. Bush, Former president who appointed Judge Leon; James Comey, Former FBI director mentioned in comparison with other cases; Letitia James, New York attorney general mentioned in comparison with other cases

Part of a bigger story

28 OUTLETS
Judge Blocks Pentagon Action Against Senator Mark Kelly

A federal judge temporarily blocked Pentagon action against Senator Mark Kelly over a video urging service members to resist unlawful orders. The ruling pauses potential penalties connected to his statements. Left-leaning outlets emphasize the ruling as a defense of Kelly’s First Amendment rights. Center outlets focus on Kelly’s lawsuit and the legal arguments, including the government’s response. Right-leaning outlets emphasize Hegseth’s stated plan to appeal.

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