A federal judge on Thursday blocked the Pentagon from moving forward with efforts to punish Sen. Mark Kelly (D-Arizona), siding with him in a constitutional clash over free speech and military authority.

Earlier this week, a Washington grand jury declined to indict Kelly and the other lawmakers after prosecutors sought criminal charges related to the video.

U.S. District Judge Richard Leon issued a preliminary injunction stopping Defense Secretary Pete Hegseth from enforcing a censure and pursuing proceedings that could reduce Kelly’s retired rank and pension. Kelly, a retired Navy captain, sued after the Pentagon disciplined him for appearing in a video urging service members to refuse unlawful orders.

“This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Leon wrote in his order.

“To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!”

Leon, nominated to the bench by President George W. Bush, also dismissed the government’s legal argument with a sharp rebuke: “Horsefeathers!”

The dispute stems from a 90-second video posted in November featuring Kelly and five other Democratic lawmakers, including Sen. Elissa Slotkin (D-Michigan), encouraging troops to uphold the Constitution if confronted with unlawful directives.

Soon after, President Donald Trump accused the lawmakers of sedition, “punishable by DEATH” in a social media post.

Hegseth formally censured Kelly on Jan. 5, calling it “a necessary process step” toward potential demotion. The Pentagon argued that it retains jurisdiction over retired officers and can recall them to active duty for disciplinary purposes.

Kelly pushed back after Thursday’s ruling, saying in a video statement 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, “This might not be over yet, because this president and this administration do not know how to admit when they’re wrong.”

Hegseth quickly signaled an appeal. “Sedition is sedition, ‘Captain,’” he wrote on X, referring to Kelly’s retired rank.

The Justice Department has not publicly detailed the proposed charges.

In his opinion, Leon wrote that Kelly “is likely to succeed on the merits” of his free speech claim and warned against narrowing constitutional protections for retired service members. “Rather than trying to shrink the First Amendment liberties of retired servicemembers,” Leon wrote, Pentagon leaders should 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.”

For now, the injunction pauses the Pentagon’s actions. But with an appeal expected, the legal and political fight is far from over.