WASHINGTON — The United States and Iran both claimed victory Wednesday, a day after agreeing to a two-week conditional ceasefire, though doubts loomed following continued strikes across the Gulf nations and an indication by Iran that it will continue to control the Strait of Hormuz, a major passage for one-fifth of the world’s oil and gas. 

Secretary of Defense Pete Hegseth said during an early-morning briefing the U.S. achieved an “historic and overwhelming victory,” but also troops are “prepared to restart at a moment’s notice.”

“We’ll be hanging around. We’re not going anywhere. We’re going to make sure Iran complies with this ceasefire, and then ultimately comes to the table and makes a deal,” Hegseth said.

Oil prices dropped sharply after news of the ceasefire, with Brent crude, the international standard, sitting at $95 a barrel before noon Eastern Wednesday. That’s down from the previous day’s price of nearly $110 per barrel. 

U.S. stocks shot up Wednesday, with the Dow Jones Industrial Average, S&P 500 and Nasdaq Composite all on the rise.

U.S. and Iranian delegations were set to arrive in Islamabad Friday for negotiations, according to Pakistan’s Prime Minister Shehbaz Sharif, who in part brokered the pause in fighting.

White House press secretary Karoline Leavitt told reporters at an afternoon briefing that Vice President JD Vance, special envoy Steve Witkoff and the president’s son-in-law Jared Kushner will attend a first round of talks Saturday morning.

Nuclear material

President Donald Trump said early Wednesday morning that the U.S. “will work closely with Iran, which we have determined has gone through what will be a very productive Regime Change!”

“There will be no enrichment of Uranium, and the United States will, working with Iran, dig up and remove all of the deeply buried (B-2 Bombers) Nuclear ‘Dust,’” Trump wrote on his platform, Truth Social, referring to Iran’s buried enriched uranium following heavy U.S.-Israeli bombing in June.

When pressed at the briefing, Hegseth said of the nuclear material: “We’re watching it. We know what they have, and they will give it up, and we’ll get it, and we’ll take it if we have to. We can do it in any means necessary. So that’s something the president is going to solve for.”

Hegseth ended the press conference saying the Iranian public has been “oppressed by the previous regime, and they’ll have a new opportunity with this regime that remains to be seen,” adding that a civilian uprising was “not our objective.” 

“We wish them the best,” Hegseth said. 

Hegseth’s claim about a civilian uprising directly contradicted Trump’s message to the Iranian people on Feb. 28, when the U.S. and Israel began the bombing.

Iran’s new supreme leader, Mojtaba Khamenei, is the son of the slain Ayatollah Ali Khamenei, who led the Islamic Republic from 1989 until U.S. and Israeli strikes assassinated him hours into the conflict. Experts point to Mojtaba Khamenei as being a conservative hardliner with close ties to the Iranian Revolutionary Guard Corps.

Reports across Iranian state media and Middle East regional news outlets Wednesday quoted the regime’s Supreme National Security Council as declaring an “historic and crushing defeat” over the U.S. and Israel.

Calls for invocation of 25th Amendment

Hegseth’s victory declaration came after Trump on Tuesday threatened Iran’s “whole civilization will die tonight” if the regime did not meet his self-imposed 8 p.m. Eastern deadline to open the Strait of Hormuz. 

The comments drew intense criticism, with some — from progressive Democrats to former Trump loyalists — calling for the president’s removal under the Constitution’s 25th Amendment.

Two Senate Republicans, John Curtis of Utah and Ron Johnson of Wisconsin, denounced Trump’s rhetoric and actions in recent days. One House GOP member, Nathaniel Moore of Texas, also joined them Tuesday. 

The offices of Senate Majority Leader John Thune, R-S.D., and House Speaker Mike Johnson, R-La., did not respond to States Newsroom Tuesday for comment on Trump’s remark that he would wipe out Iran’s “whole civilization.” Neither have posted anything regarding Trump’s comments on their X social media feeds, where they regularly communicate to the public.

Others continued to support Trump. Sen. Mike Rounds, R-S.D., told local media Tuesday “I take it with a grain of salt,” when asked about Trump’s vow to wipe out Iran’s civilization.

Leavitt told reporters at the White House briefing Wednesday, “The world should take his word very seriously.”

“He said that they would face very grave consequences … by the 8 p.m. deadline if they did not agree to reopening the Strait of Hormuz. And what did they do last night? They agreed to reopen the Strait of Hormuz,” she said.

Roughly 90 minutes before his deadline to order strikes on Iran’s power plants and bridges, the president agreed to stop the bombardment for two weeks, after receiving a 10-point plan from Iran that “is a workable basis on which to negotiate,” he wrote on his social media platform, Truth Social.

In a statement released early Wednesday morning Tehran time, Iran appeared to retain control of the narrow passage in and out of the Persian Gulf.

“For a period of two weeks, safe passage through the Strait of Hormuz will be possible via coordination with Iran’s Armed Forces and with due consideration of technical limitations,” the country’s foreign minister, Seyed Abbas Araghchi, said in a written statement posted on social media. 

Iranian drones and missiles

Strikes continued across the Gulf region, with Kuwait’s defense ministry reporting “an intense wave” of Iranian drones and missiles that damaged oil infrastructure, power stations and water desalination plants.

“Violations of ceasefire have been reported at (a) few places across the conflict zone which undermine the spirit of peace process. I earnestly and sincerely urge all parties to exercise restraint and respect the ceasefire for two weeks, as agreed upon, so that diplomacy can take a lead role towards peaceful settlement of the conflict,” Sharif warned on X just after 10 a.m. Eastern. 

The Pakistani prime minister tagged in the post Trump and numerous administration officials, as well as Iranian leaders.

Israel continued bombardment on southern Lebanon, launching widespread strikes across the region and in the capital city of Beirut Wednesday. By noon Eastern, which is evening in Lebanon, health authorities said 89 people were killed in the strikes and over 700 had been injured. An official with Doctors Without Borders reporting from a large public hospital in Beirut cited a higher death toll.

Israeli Prime Minister Benjamin Netanyahu claimed on social media early Wednesday that “The two-weeks ceasefire does not include Lebanon.”

When asked during the White House press briefing Wednesday, Leavitt echoed Netanyahu.

“Lebanon is not part of the ceasefire that has been related to all parties involved in the ceasefire,” she said.

WASHINGTON — The White House defended skyrocketing gas prices Tuesday as a “short-term disruption” during the ongoing war in Iran, as Secretary of Defense Pete Hegseth said the administration will not “foreclose any option” in the conflict, including boots on the ground.

Briefing publicly for the first time since March 19, Hegseth said it will be “the president’s determination alone” when the war objectives are complete and the “upcoming days will be decisive.” Hegseth also said the administration’s negotiations with Iran are “ongoing, they’re active, and, I think, gaining strength.”

Five weeks in, the war continues to rock economies across the globe and at home, where the national average for gasoline hit $4 a gallon for the first time in four years, according to data from AAA.

White House press secretary Karoline Leavitt released a statement saying that “When Operation Epic Fury is complete, gas prices will plummet back to the multi-year lows American drivers enjoyed before these short-term disruptions.” 

President Donald Trump, she said, “remains committed to fully unleashing American energy dominance, lowering costs, and putting more money back in the pockets of hardworking American families.”

Shortly after the White House issued its statement, Iran’s parliament speaker, Mohammad-Bagher Ghalibaf, posted a link on X to a CNN article about soaring U.S. gas prices, writing “Sad, but this is what happens when your leaders put others ahead of hard-working and ordinary Americans.”

Blockade drives up global prices

Iran’s blockade on U.S. and allied ships at the Strait of Hormuz, a major passage for petroleum and liquid natural gas, has wreaked havoc on global energy markets. As of Tuesday at 12:45 p.m. Eastern, Brent crude oil, the international standard, was trading just over $119 a barrel.

Between 2,000 and 3,000 cargo vessels and oil tankers, along with roughly 20,000 crew, remain stuck in the Persian Gulf, according to the United Nations and open source data, including MarineTraffic. 

Trump claimed during a Cabinet meeting Thursday that Iran has agreed to allow eight to 10 Pakistani oil tankers through. On Sunday, the president said 20. 

According to the Joint Maritime Information Center, only four large tankers transmitting location data had crossed the Hormuz Strait on Friday and Saturday. 

US troops

Hegseth said the White House will not rule out any options, including ground operations, but declined to provide detail at the Pentagon briefing.

“You can’t fight and win a war if you tell your adversary what you are willing to do, or what you are not willing to do — to include boots on the ground. Our adversary right now thinks there are 15 different ways we could come at them with boots on the ground. And guess what? There are. So if we needed to, we could execute those options on behalf of the president of the United States and this department, or maybe we don’t have to use them at all. Maybe negotiations work,” Hegseth said. 

Trump told reporters Sunday on Air Force One that negotiations with Iran are happening “directly and indirectly” and are “very good.”

“We’re doing extremely well,” the president said. “But you never know with Iran because we negotiate with them, and then we always have to blow ‘em up.”

Trump has repeatedly threatened to bomb Iran’s energy infrastructure, and has set a self-imposed deadline of April 6 to do so if Iran doesn’t meet his demands.

On Monday night, the president posted on his social media platform, Truth Social, a video of a U.S. strike on an ammunition depot in Iran’s central province of Isfahan. 

Spokesperson for the Iranian Foreign Ministry Esmaeil Baqaei denied any talks with the United States, according to Iranian state media Tasmin New Agency.

Up to 3,500 U.S. Marines and sailors arrived in the region Saturday, according to U.S. Central Command. The U.S. now reportedly has roughly 50,000 troops in the region — that’s 10,000 up from the usually 40,000 or so peacetime members of the armed forces stationed there. 

Ghalibaf said Sunday an American ground offensive would result in “severe punishment,” according to state media.  

More than 300,000 American troops were in the region during the U.S. ground invasion of Iraq, according to historical data archived by the Council on Foreign Relations.

WASHINGTON — Senate Democrats tasked with overseeing defense left a classified briefing Tuesday incensed about President Donald Trump’s war with Iran, as the United States and Israel continue their joint bombardment and families prepare to bury seven American service members killed in the conflict.

Sen. Richard Blumenthal, D-Conn., who sits on the Senate Armed Services Committee, said he left the briefing “more doubtful than ever that there is clarity on objectives or exit strategy.”

“I emerged from this briefing as dissatisfied and angry, frankly, as I have from any past briefing in my 15 years in the Senate. I am left with more questions than answers, especially about the cost of the war,” Blumenthal said.

Chief Pentagon spokesman Sean Parnell said in a statement that since the beginning of the war in Iran, “approximately 140 U.S. service members have been wounded over 10 days of sustained attacks.” 

“The vast majority of these injuries have been minor, and 108 service members have already returned to duty,” he said. “Eight service members remain listed as severely injured and are receiving the highest level of medical care.”

White House press secretary Karoline Leavitt, asked at a press briefing about a Reuters news report that as many as 150 U.S. troops have been injured in the war, replied, “I know it’s within that ballpark,” but deferred to the Pentagon for the exact numbers.

Seven U.S. troops have died, the Pentagon has said.

‘The most fighters, the most bombers’

Military and defense intelligence officials conducted the closed-door update for senators shortly after Secretary of Defense Pete Hegseth, alongside Joint Chiefs of Staff Chair Gen. Dan Caine, said from the Pentagon that Iran should expect “yet again the most intense day of strikes” Tuesday.

“The most fighters, the most bombers, the most strikes — intelligence more refined and better than ever,” Hegseth said.

The secret briefing occurred a day after oil prices took a rollercoaster ride, peaking at $119 a barrel before falling below $90, due to Iranian officials’ effective closure of the Strait of Hormuz, through which a fifth of the world’s petroleum passes.

Giving mixed signals Monday night, Trump said the war in Iran is “going to be a short-term excursion,” but added later the U.S. military “will not relent until the enemy is totally and decisively defeated.” 

Dems unsure of end game

Many Senate Democrats have criticized the administration for not coming before Congress to debate the war publicly.

“We’ve been calling over and over again for them to come out of the classified rooms to allow us to have these conversations as much as we can in an open setting,” Sen. Jacky Rosen, D-Nev., said after leaving the briefing, held in a secured compartmented information facility, or SCIF, underneath the U.S. Capitol.

“I have to think about what I can and can’t say — it is concerning, it is disturbing, and I’m not sure what the end game is or what their plans are. They certainly have not made their case,” Rosen said.

Sen. Mark Kelly, D-Ariz., said “a range of four individuals” briefed lawmakers, including a major general and personnel from the Joint Staff Intelligence and Defense Intelligence Agency, two organizations.

Telling reporters that “wild horses” could not get him to discuss the classified briefing, Armed Services Committee Chairman Roger Wicker, R-Miss., said he hasn’t received a request from Democrats, including ranking member Sen. Jack Reed, D-R.I., for an open hearing.

Schumer demands hearings 

Senate Minority Leader Chuck Schumer, D-N.Y., issued a joint press release with Reed and Sen. Jeanne Shaheen, D-N.H., just after the classified briefing demanding public hearings “on Trump’s war of choice.”

“Public hearings featuring cabinet-level witnesses have been a standard part of congressional oversight throughout our history, including recent military conflicts, as well as during the wars in Afghanistan and Iraq. After all, our founders were clear about the role of Congress in matters of war as the representatives of the American people,” the senators wrote.

South Dakota Republican Sen. Mike Rounds said he feels lawmakers are getting enough information from the administration, but he indicated that what happens after the bombing stops will largely be left up to civilians in Iran.

“That’s not our focus,” he said. “Our focus was on eliminating the threat to our people in the Middle East, to our allies, and to be able to address the threats before they became a lot worse in a very short period of time.”

Rounds said he believes that once the war ends, it will “be up to the Iranian people to determine whether they want to join the free world.”

“The Iranians are very smart people. They’re well educated. They can run their country if given the opportunity,” he said. “But if they just come to bring in another group of religious zealots, then they’re going to continue to have problems. And I think they realize that.”

Progress seen by Montana’s Sheehy

Massachusetts Democratic Sen. Elizabeth Warren criticized the administration for not having clearer goals or an exit strategy. 

“Here we are, well into the second week of attacks, and there are still contradictory descriptions of the goals and contradictory descriptions of how we intend to accomplish this work.” she said. 

Montana Republican Sen. Tim Sheehy said he believes the U.S. military has “made great progress” during the first week-and-a-half of bombing. 

He said he expects the war will end once the United States and Israel have eliminated “the regime’s ability to continue to spread terror around the world and continue to control regional waterways and continue to try to kill Americans and our allies, not just in the region, but around the world.”

Shaheen, ranking member on the Foreign Relations Committee, said she hopes the administration will publicly release its investigation into whether a U.S. missile struck near a girls school in Iran. 

“Hopefully they will release the investigation,” she said. “Certainly I don’t believe there is any deliberate intent to target civilians in Iran in that way, but the fact that there are so many different explanations for what’s happening raises concerns.”

Jacob Fischler contributed to this report.

WASHINGTON — Senate Republicans and a single Democrat blocked a War Powers Resolution Wednesday aimed at limiting President Donald Trump’s joint war with Israel in Iran that has taken the lives of six American troops and killed top Iranian leaders.

The resolution failed 47-52, with Sen. Rand Paul, R- Ky., the only Republican to cosponsor the measure, joining Democrats in challenging Trump’s war in Iran. 

Sen. John Fetterman, D-Pa., was the lone Democrat to break with his party and vote against moving ahead with the measure.

The vote came five days after Trump ordered the military to join Israel in surprise strikes on Iran that killed its Supreme Leader Ayatollah Ali Khamenei. Pentagon officials say the administration does not plan to let up on the continuing offensive.

Defense Secretary Pete Hegseth said earlier Wednesday that U.S. B-1, B-2 and B-52 aircraft, as well as Predator drones, will fly with Israeli airpower “day and night” to deploy “death and destruction from the sky all day long.”

Republicans have largely fallen in line to support Trump’s actions and have panned the War Powers Resolution that would compel the president to answer to Capitol Hill on moving forward in Iran. 

Democrats assert Trump’s war in Iran is illegal, violating the Constitution’s Article I power given to Congress to declare war. Republicans maintain Trump acted well within war powers granted to the president in Article II of the Constitution.

‘Members of the Senate, this is war’

The 1973 War Powers Resolution mandates the president report to Congress within 48 hours of deploying troops. If after 60 days from first notice Congress has not authorized a war or passed legislation related to the military action, the president’s use of armed forces is automatically terminated. 

Congress passed the act to rein in presidential war powers, despite a veto from President Richard Nixon amid the ongoing Vietnam War. Congress overrode the veto.

Sen. Tim Kaine, D-Va., said on the floor ahead of the vote that Republicans want “to give the president an easy pass around the Constitution.”

“You can’t stand up and say, this is one and done, and no troops are engaged in hostilities against Iran. Members of the Senate, this is war. The president of the United States has called it a war against Iran,” said Kaine, who sits on the Senate Committee on Armed Services.

Kaine sponsored the War Powers Resolution alongside Paul.

Kaine said on the floor that during a classified briefing from the administration Tuesday, he asked officials if the recent pattern of military interventions in Venezuela and now Iran meant “that you believe you never need to come to Congress to wage war against anyone, anywhere.”

“No one” refuted his point, he said.

Briefings for Congress

Administration officials briefed all members of Congress Tuesday, for the first time since the war began. Officials had briefed congressional leaders and intelligence committee heads.

Sen. Gary Peters, D-Mich., who also sits on the Armed Services Committee, said ahead of the vote the Constitution “leaves no room for doubt that Congress, not the president, has the sole power to declare war.”

“And that check is in place for a very important reason. Our founders did not want to place the immense power over whether or not to go to war in the hands of just one individual,” Peters said. 

Sen. Jim Risch, R-Idaho, said on the floor ahead of the vote the vast majority of presidents in American history “have ordered kinetic acts, just like President Trump has done, without going to Congress.”

“This isn’t new,” said Risch, who chairs the Senate Committee on Foreign Affairs.

Lindsey Graham again lauds Trump

In lengthy comments on the Senate floor prior to the vote, Sen. Lindsey Graham, R-S.C., praised Trump’s decisions on Iran and argued the War Powers Resolution violates the Constitution.

“To my Democratic colleagues, what you’re proposing will cause chaos for every commander-in-chief that follows,” said Graham, a Trump ally who has been outspoken in support of the war all week. 

Graham said if Congress wants to stop Trump’s war in Iran, it can do so by cutting funding during the annual appropriations process.

“The president, as commander-in-chief, has the ability to use our armed forces to protect our nation. And Congress, if we disagree with that choice, has the ability to terminate the action, taking the money away, and that’s the check and balance that was created a long time ago,” Graham said.

Speaker Johnson says US not at war

The U.S. House is expected to take up the War Powers Resolution Thursday. Mike Johnson, R-La., told reporters multiple times this week he expects it to fail.

During a morning press conference, Johnson said he doesn’t believe the military is “at war right now” and argued that Congress limiting the president’s ability to continue attacking Iran “would put the country in serious harm.”

Johnson brushed aside the possibility that Americans may vote Republicans out of power during November’s midterm elections if the war drags on, especially without a formal authorization from Congress. 

“I think they’ll reward it politically, but if people get a bad taste in their mouth for what happened back here in the first part of the year in Iran, they just do,” he said. “But we know, and history will record that we did the right thing.”

Johnson added that he believes lawmakers voting against continued military action in Iran “would be a terrible, dangerous idea.”

A War Powers Resolution to halt Trump’s military actions in Venezuela narrowly failed in January in both the House and Senate.

Ground troops?

The White House maintains Iran rejected any negotiations with the U.S. on reining in its nuclear program, and that the objective of the war launched over the weekend is to destroy Iran’s current weapons capacity and missile production, and “end their pathway to nuclear weapons,” White House press secretary Karoline Leavitt said Wednesday.

The press secretary said American ground troops are “not part of the current plan” but did not rule out that it’s an option “on the table.”

Leavitt denied any claims that the goal of the offensive is regime change, despite the killing of some of Iran’s leaders.

Leavitt said during the press briefing that the U.S. bombing of Iran’s nuclear facilities in June, dubbed Operation Midnight Hammer, “obliterated Iran’s three major nuclear sites.”

“Yet the terrorist Iranian regime has remained fully committed to rebuilding its nuclear program,” she said.

Iranian authorities said in November the nation was no longer enriching uranium, according to The Associated Press. The AP further reported the reclusive government has blocked international inspectors from assessing its four nuclear enrichment facilities, citing a confidential report journalists viewed from the International Atomic Energy Agency.

Control of the skies, sinking a ship

Hegseth underlined Wednesday morning the U.S. will not slow down its offensive in Iran, already having struck 2,000 targets, and that more troops and airpower will arrive Wednesday.

The secretary said the U.S. and Israel will have “complete control of the Iranian skies” within a few days. 

Hegseth also showed a video of an apparent U.S. submarine strike in the Indian Ocean on Iran’s “prize ship,” sinking it. 

General Dan Caine, chair of the Joint Chiefs of Staff, said the submarine used a single torpedo to sink the ship — the first time a U.S. submarine has done so since World War II, he said.

U.S. Central Command wrote on social media that it had “struck or sunk to the bottom of the ocean” more than 20 Iranian regime ships.

The Pentagon cited a significant decrease in Iran’s retaliatory strikes. The regime launched rockets and drones on civilian sites throughout the Persian Gulf states beginning Sunday, and on regional U.S. military bases. 

Caine said to date, Iran’s missile and drone strikes respectively dropped 86% and 73% from the first day of fighting.

A drone attack killed six U.S. troops Sunday at a commercial port in Kuwait, a U.S. ally.

Caine said the remains of the six U.S. soldiers will return to the U.S. “as soon as possible.” The Pentagon publicly identified four late Wednesday, and Caine said the military will release the names of the other two troops killed “as soon as we can ensure that all of those families have been properly notified.”

Leavitt said Trump will attend the transfer of the troops’ remains upon arrival at Dover Air Force Base in Delaware.

Hegseth bashes media

Hegseth said the Pentagon moved 90% of U.S. troops out of the range of Iran’s missile reach prior to the war.

“We’ve taken control of Iran’s airspace and waterways without boots on the ground. We control their fate, but when a few drones get through or tragic things happen, it’s front-page news. I get it. The press only wants to make the president look bad,” he said.

Both Hegseth and Leavitt declined to provide details about a strike Saturday on an elementary school in southern Iran that local authorities said killed 168 people, many of them children.

“All I can say is that we’re investigating that. We, of course, never target civilian targets,” Hegseth said. 

When pressed on whether it was a U.S. or Israeli munition that struck the school, Hegseth replied: “We’re investigating it.”

Jennifer Shutt contributed to this report.

WASHINGTON — A federal judge issued a preliminary injunction Thursday, blocking the Department of Defense from downgrading Arizona Democratic Sen. Mark Kelly’s rank as a retired Navy captain for appearing in a video where he and other lawmakers reminded members of the military they aren’t required to follow illegal orders. 

Senior Judge Richard J. Leon of the District of Columbia District Court wrote in the 29-page ruling that Defense Secretary Pete Hegseth and others named in the lawsuit have “trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees.”

In his scathing opinion loaded with emphasis and exclamation points, Leon wrote, “After all, as Bob Dylan famously said, ‘You don’t need a weatherman to know which way the wind blows.’ To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!” 

The senior judge ruled that Kelly is likely to succeed on the merits of his case. The preliminary injunction will block Pentagon action while the case proceeds through the courts.

 

 

Leon conceded that while active military personnel are subject to “well-established doctrine” limiting First Amendment rights, “(u)fortunately for Secretary Hegseth, no court has ever extended those principles to retired servicemembers, much less a retired servicemember serving in Congress and exercising oversight responsibility over the military.” 

“This Court will not be the first to do so!”

Leon was nominated by former President George W. Bush.

Leon concluded the ruling with a biting passage suggesting that “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.” 

“If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights! Hopefully this injunction will in some small way help bring about a course correction in the Defense Department’s approach to these issues,” Leon wrote.

‘This case was never just about me’

Kelly said in a lengthy statement following the ruling that the federal court “made clear that Pete Hegseth violated the constitution when he tried to punish me for something I said.” 

“But this case was never just about me. This administration was sending a message to millions of retired veterans that they too can be censured or demoted just for speaking out. That’s why I couldn’t let it stand,” Kelly said.

Kelly said the nation is at a “critical moment” to defend free speech.

“The First Amendment is a foundation of our democracy. It’s how we demand better of presidents like Donald Trump – whether they are jacking up the cost of groceries with tariffs or sending masked immigration agents to intimidate American communities.  

  “But Donald Trump and his administration don’t like accountability. They don’t like when journalists report on the consequences of their policies. They don’t like when retired veterans question them. And they don’t like when millions of everyday Americans peacefully protest. That’s why they are cracking down on our rights and trying to make examples out of anyone they can.”

The Department of Defense pointed to Hegseth’s X account as official comment on the matter.

The secretary wrote about the case: “This will be immediately appealed. Sedition is sedition, ‘Captain.’”

DOD investigation

Kelly, Michigan Sen. Elissa Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan and New Hampshire Rep. Maggie Goodlander, all Democrats with backgrounds in the military or national security, posted the video on Nov. 18

President Donald Trump reacted on social media a few days later, falsely claiming the video represented “SEDITIOUS BEHAVIOR, punishable by DEATH!”

The Defense Department announced on Nov. 24 that it had opened an investigation into “serious allegations of misconduct” against Kelly. Officials wrote the senator could face “recall to active duty for court-martial proceedings or administrative measures.” 

Hegseth wrote in a social media post on Jan. 5 that he had started the process to downgrade Kelly’s retirement rank as a Navy captain and his pay. 

Hegseth wrote Kelly’s “status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.”

Kelly filed a lawsuit against the Department of Defense and Hegseth on Jan. 12, asking a federal judge to declare the effort “unlawful and unconstitutional.”

“Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him—and this or any administration—accountable,” Kelly wrote in a statement at the time. “His unconstitutional crusade against me sends a chilling message to every retired member of the military: if you speak out and say something that the President or Secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted.”

Court hearing

Leon held a hearing on Kelly’s request for a preliminary injunction on Feb. 3, where he asked the attorney representing the Department of Defense how any retired member of the military who is later elected as a member of Congress, especially one that sits on the Armed Services Committee, like Kelly does, could challenge any actions taken by the Defense Department. 

John Bailey, the Justice Department attorney, contended that Congress has determined that certain retired military members are still subject to the Uniform Code of Military Justice. 

Benjamin Mizer, one of the lawyers on Kelly’s team, told the judge the Defense Department’s actions represented a “clear First Amendment violation.” 

Grand jury non-indictment

The other Democratic lawmakers in the video aren’t subject to the military’s judicial system but rebuked the Justice Department Wednesday for seeking a grand jury indictment against them for publishing the video, where they told Americans in the military and intelligence communities they “can” and “must refuse illegal orders.”

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

Slotkin, a former CIA officer, posted a video on Feb. 5, saying she had informed U.S. Attorney General Pam Bondi and U.S. Attorney for the District of Columbia Jeanine Pirro that she wouldn’t be sitting for an interview. 

Slotkin said her letter to Bondi and Pirro also told them “to retain their records on this case in case I decide to sue for infringement of my constitutional rights.”

“To be honest, many lawyers told me to just be quiet, keep my head down and hopefully this will all just go away. But that’s exactly what the Trump administration and Jeanine Pirro want,” Slotkin said. “They are purposely using physical and legal intimidation to get me to shut up. But more importantly they’re using that intimidation to deter others from speaking out against their administration.

“The intimidation is the point and I’m not going to go along with that.”

House members 

Houlahan released her own video the same day saying she would not sit for an FBI interview and that the Democrats’ video “told the truth, it stated facts, it reiterated the law and it exercised speech explicitly protected by the First Amendment of the United States Constitution.” 

“Free speech is not a favor that the government can revoke,” Houlahan said. “It is a right and I will not surrender it, for myself or for anyone else.” 

Deluzio wrote in a social media post the following day that he would “not be intimidated by any harassment campaign” and does “not intend to sit down for a voluntary interview with DOJ or FBI officials sent to interfere with the important work I’m doing for my constituents.”

Goodlander wrote in a statement that the “Justice Department is targeting us for doing our jobs, and the aim here is clear: to intimidate, coerce, and silence us. It will not work. I will not bend the knee in the face of lawless threats and rank weaponization — I will keep doing my job and upholding my oath to our Constitution.”

Crow told CNN’s Pamela Brown last week that he was treating the FBI’s investigation as “an attempt to try to threaten, harass and intimidate political opponents.”

“(Trump’s) trying to make an example out of me and Mark Kelly and others because if he can make an example out of a member of Congress or a senator then why would everyday Americans stand up and protest and dissent? But he has chosen the wrong people.”

Arizona Democratic Sen. Mark Kelly outside the District of Columbia federal courthouse where his lawsuit against the Department of Defense was heard on Feb. 3, 2026. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — The federal district court judge overseeing the lawsuit Arizona Democratic Sen. Mark Kelly filed against the Department of Defense said during a Tuesday hearing he expects to issue a ruling before Feb. 11. 

Kelly has asked the judge to issue a preliminary injunction blocking the Pentagon from demoting his rank as a retired Navy captain for appearing in a video where he and other members of Congress reminded members of the military they do not need to follow illegal orders. 

Senior Judge Richard J. Leon of the District of Columbia District Court said toward the beginning of the one-hour hearing that he planned to issue his decision “as quickly as possible” and told the lawyers that he didn’t “want to get too lost in the weeds” of the case at this earlier stage. 

Instead, he asked several questions about First Amendment rights in general, what protections a lawmaker holds, and whether the Trump administration was trying to expand previous court decisions regarding the military justice system to retirees. 

Leon was nominated by former President George W. Bush.

Kelly’s lawyers see a ‘First Amendment violation’

Benjamin Mizer, one of the lawyers on Kelly’s team, said “a lot about this case is unprecedented,” and urged the judge to reject the Department of Defense’s assertion that it has the legal right to demote any retired military member if they say something critical of its actions. 

Defense Secretary Pete Hegseth’s censure letter and efforts to demote Kelly, he said, represented a “clear First Amendment violation.” 

“Secretary Hegseth demonstrated bias and that he is not a decision maker who has kept an open mind,” Mizer said. 

Mizer also said that all of the cases the Trump administration had cited in briefs to the judge addressed active duty service members, not retired members of the military. He contended that the federal district court does have jurisdiction to decide this case since it addresses constitutional claims. 

Trump administration battles back

John Bailey, the Justice Department attorney representing the Defense Department in the case, said that there is “at least a military clause to the First Amendment.”

Leon interjected to ask Bailey if it wasn’t “a bit of a stretch” to ask him to expand previous court rulings about active duty service members to cover retired members, like Kelly. 

“You’re asking me to do something the Supreme Court and D.C. Circuit haven’t done,” Leon said. 

Bailey also contended that Kelly should have exhausted administrative avenues within the Department of Defense to contest Hegeth’s move to add a censure letter to his file and begin the process of demoting his retirement rank and pay. 

Leon also questioned how any retired member of the military who is later elected as a member of Congress, especially one that sits on the Armed Services Committee, like Kelly does, could challenge any actions taken by the Defense Department. 

Bailey said that Congress has determined that certain retired military members are still subject to the Uniform Code of Military Justice. 

Later in the hearing, Bailey conceded that there are “perhaps a few unique First Amendment” aspects to the case, but said one important aspect is that Kelly hasn’t stopped speaking out against Trump administration policies he disagrees with, meaning there hasn’t been any “chill’ of his First Amendment rights. 

Leon said it may not be just Kelly who feels a chilling effect but also other military retirees who decide not to question Defense Department actions over concerns they may experience the same demotion Kelly faces. 

Leon wrapped up the hearing saying he would decide whether to grant Kelly a preliminary injunction in the “very near future … so it can be appealed.”

Kelly cites freedom of speech for military retirees

Kelly, who attended the hearing, said afterward the case is not just about his constitutional rights but the rights of “millions of retired service members.”

“There’s nothing more fundamental to our democracy than the freedom of speech and the freedom to speak out about our government, and that’s what I’m fighting for,” Kelly said. “I appreciate the judge’s quick and careful consideration in this case, given what is at stake here.”

Kelly rebuked Hegseth for trying to punish him for telling members of the military they didn’t need to follow illegal orders. 

“Secretary Hegseth censured me and is now trying to demote me for things that I said and for doing my job as a United States senator,” Kelly said. “And this isn’t happening in isolation. Since taking office, this administration has repeatedly gone after First Amendment rights of many Americans. That’s not how we do things here in the United States.”