Democrats to American Troops: Disobey Orders—Treason or Freedom of Speech?

A Judge has blocked the Pentagon’s Attempt to Demote Senator Mark Kelly.

U.S. District Judge Richard Leon, appointed by former President George W. Bush, issued a preliminary injunction on February 12, 2026, halting Defense Secretary Pete Hegseth’s initiative at the Pentagon to demote Kelly and slash his retirement pay. Judge Richard Leon accused the Pentagon of “trampling” on Kelly’s First Amendment rights and endangering the constitutional freedoms of millions of military retirees.

He emphasized, “To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!” The judge highlighted that the Defense Department’s actions violated protections for free speech, particularly for retirees, and appeared to infringe on the Constitution’s Speech or Debate Clause, which shields members of Congress from certain executive branch reprisals.

The video was most likely released to hint at ICE agents and the military to refuse orders on deporting illegal immigrants, who broke the law and came into America illegally.

Background on Sen. Mark Kelly and the Inciting Incident

Sen. Mark Kelly, a Democrat from Arizona, is a retired Navy captain, combat fighter pilot, and NASA astronaut with 25 years of military service.

Democrat Law makers to American Troops: Disobey Orders – Treason or Free Speech? pic.twitter.com/FbrHkD0Es4

— America 24 News (@America24news_) February 13, 2026

The controversy stems from a video he released last fall (autumn 2025) alongside five other Democratic lawmakers, all with military or intelligence backgrounds. In the video, Kelly and his colleagues advised active-duty troops not to obey illegal orders, without specifying particular commands.

Democrat Chuck Schumer Co-Sponsored 1986 Drug Boat Interdiction Law

Chuck Schumer’s 1986 Co-Sponsorship Enabled Maritime Drug Enforcement in The Gulf and Other Waters.

Democrat Chuck Schumer Co-Sponsored The 1986 Drug Boat Interdiction Law That President Trump is using.

President Trump Strikes Drug Cartel boats in the Gulf importing cocaine from South America and fentanyl from China to destroy America from the inside out.

(China is using… pic.twitter.com/Ru4csgqWwH

— America 24 News (@America24news_) February 13, 2026

Democrats argue this was a lawful reminder of military obligations, especially amid concerns over President Donald Trump’s policies, such as deadly strikes on suspected drug-smuggling boats in Latin America and deployments of the National Guard to U.S. cities, which they claim create legal ambiguities. Even though, Democrat Chuck Schumer, co-sponsored the Maritime Drug Law Enforcement Act (MDLEA) of 1986, enacted as part of the broader Anti-Drug Abuse Act (H.R. 5484), allows U.S. jurisdiction over vessels suspected of drug trafficking on the high seas, enabling the Coast Guard (with potential Navy support) to board, search, seize, and arrest suspects, and it permits necessary force to effect interdiction or compliance.

The Trump administration, including President Trump and Secretary Hegseth, viewed the video as “seditious” and part of a broader pattern of misconduct. In response, the Pentagon launched an investigation into Kelly in November 2025.

Hegseth initially threatened to recall Kelly to active duty for a potential court-martial but opted instead for administrative penalties: a letter of censure accusing Kelly of “reckless misconduct” and proceedings to demote him, which would also reduce his retirement benefits.

Legal Proceedings and Investigations Against the Democrat Lawmakers

Kelly filed a lawsuit against Hegseth and the Defense Department in January 2026, challenging the penalties on constitutional grounds.

During oral arguments the previous week, Judge Leon signaled sympathy toward Kelly’s position, questioning the administration’s authority to punish a sitting senator for speech related to his legislative duties.

This injunction represents the second major legal defeat for the Trump administration in its efforts to target Kelly and the other five Democrats involved in the video:

1. Sen. Elissa Slotkin (D-Mich.), a former CIA analyst and Pentagon official.
2. Rep. Jason Crow (D-Colo.), a former Army Ranger.
3. Rep. Chrissy Houlahan (D-Pa.), a former Air Force officer.
4. Rep. Maggie Goodlander (D-N.H.), with intelligence community ties.
5. Rep. Chris Deluzio (D-Pa.), a Navy veteran.

The administration has pursued an FBI investigation into all six, and several have refused to cooperate with Justice Department interviews, labeling the probes as “political intimidation.”

Earlier in the week, on February 10, 2026, a grand jury in Washington, D.C., declined to indict any of them on unspecified criminal charges proposed by the Justice Department under U.S. Attorney Jeanine Pirro. The exact nature of the sought charges remains unclear, but the rejection underscores resistance to what critics see as efforts to legally harass political opponents.

Treason or Freedom of Speech?

The video underscores ongoing tensions between freedom of speech, and treason.