A federal judge on Tuesday appeared receptive to the claim from Sen. Mark Kelly, D-Ariz., that the Pentagon is retaliating against him for protected political speech, raising concerns about potential violations of the First Amendment.

U.S. District Court Judge Richard Leon is considering whether to issue a preliminary injunction that would halt War Secretary Pete Hegseth’s efforts to reopen Kelly’s military retirement grade, a process that could result in a reduction of his pension, while the case proceeds.

“You don’t need a weatherman to see which way the wind is blowing,” Leon said, invoking Bob Dylan and suggesting he needed little additional information to determine whether Kelly’s First Amendment rights were violated.

The case stems from a video posted on social media in November in which Kelly and five other Democratic lawmakers told members of the U.S. military to refuse illegal orders.

FBI SCHEDULING INTERVIEWS WITH 6 LAWMAKERS WHO ENCOURAGED MILITARY MEMBERS TO REFUSE ‘ILLEGAL ORDERS’

Sen. Mark Kelly, D-Ariz., speaks to members of the media outside federal court in Washington, D.C., on Tuesday, Feb. 3, 2026. (Graeme Sloan/Bloomberg via Getty Images)

Hegseth issued a letter of censure against Kelly on Jan. 5, accusing him of undermining the chain of command, counseling disobedience, and engaging in conduct unbecoming an officer.

Kelly sued Hegseth days later, arguing the censure and effort to reopen his military retirement grade amounted to unconstitutional retaliation for protected political speech.

Kelly’s defense team argued in court that the situation is unprecedented, and that Hegseth is “openly admitting they are punishing a decorated war veteran and senator” for exercising his First Amendment rights.

HEGSETH SEEKS BRIEFING ON SEN MARK KELLY ‘DON’T GIVE UP THE SHIP’ VIRAL VIDEO

War Secretary Pete Hegseth arrives at the U.S. Capitol for a briefing with House and Senate members on Venezuela, in Washington, on Wednesday, Jan. 7, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Justice Department lawyers arguing for Hegseth contended that Kelly is still subject to the Uniform Code of Military Justice as a retired officer, and that his comments undermined order and discipline within the armed forces.

They also suggested an injunction from the judge could take power away from the government to administer personnel matters in its own military.

Judge Leon did not rule from the bench but acknowledged that he knew Kelly was up against looming deadlines and would make an effort to issue a ruling in the coming days.

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Kelly said after the high-stakes hearing that the case is not only about his First Amendment rights, but those of all retired military personnel. 

“Since taking office, this administration has repeatedly gone after the First Amendment rights of Americans,” he said. “That’s not how we do things in the United States of America. We have the Constitution and the law on our side.”

Former U.S. Capitol Police officer Harry Dunn, who served during the Jan. 6, 2021, Capitol riot, is running for U.S. Congress again after a 2024 bid fell flat.

“I will never forget that day. The shouting. The pounding. The sound of glass breaking. The shattering of American democracy. January 6 was violent, lawless. A lie turned into an attack,” Dunn declared in a campaign video. “And Donald Trump lit the fuse. And he never put the match down.” 

NBC News reported that Dunn has said U.S. Immigration and Customs Enforcement must be “abolished.” 

CAPITOL POLICE OFFICER ON JAN. 6 ANNOUNCES MARYLAND CONGRESSIONAL RUN, VOWS ‘TO STOP TRUMP’S MAGA EXTREMISTS’

Democratic U.S. House candidate Harry Dunn speaks to supporters during a primary night party on May 14, 2024, in Ellicott City, Md. (Alex Wong/Getty Images)

In the campaign video, Dunn declared, “I see the same aggression in ICE agents that I saw from January 6 insurrectionists. Unchecked force. American citizens murdered. And lies to cover it up.”

Fox News Digital reached out to Dunn’s campaign to request a comment from the candidate on Wednesday.

ICE DEPUTY DIRECTOR RESIGNS FROM AGENCY TO RUN FOR CONGRESS

Former U.S. Capitol Police officer Harry Dunn speaks during a “Veterans March” at the National Mall on March 14, 2025, in Washington, D.C. (Kayla Bartkowski/Getty Images)

Dunn, who came in second place in the 2024 Democratic primary in Maryland’s 3rd District, is running this year in the state’s 5th district.

Rep. Steny Hoyer, a Democrat who currently represents Maryland’s 5th District, announced last month that he will not seek another term.

HOYER WON’T SEEK RE-ELECTION, SAYS HOUSE HAS STRAYED FROM FOUNDERS’ VISION

Rep. Steny Hoyer, D-Md., arrives in Christianborg Palace on Jan. 16, 2026, in Copenhagen, Denmark.  (Martin Sylvest Andersen/Getty Images)

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Hoyer has served in the House for more than four decades.

Anti-Trump comedian Kathy Griffin accused podcast giant Joe Rogan of being a “right-wing guy” who she claimed was convincing men not to get vaccinated.

While appearing on the “In Your Dreams With Owen Thiele” podcast Friday, Griffin recounted an interaction with a critic on the street who peppered her with what she called “Joe Rogan-talking points.”

“He’s trying to convince me of all of Joe’s, like, conspiracy theories and all of his weird supplements and his popping veins,” Griffin said.

KATHY GRIFFIN SAYS SHE’S MADE ‘TRUMPER FRIENDS’ YEARS AFTER BLOODY TRUMP PHOTO SPARKED OUTRAGE

Kathy Griffin attacked Joe Rogan on the “In Your Dreams With Owen Thiele” podcast. (Gilbert Flores/Variety via Getty Images; Chris Unger/Zuffa LLC via Getty Images)

Griffin described knowing Rogan as a comic “back in the day” and claimed he has since turned into someone who “platforms right-wing people” and spreads conspiracies.

“I knew Joe back in the day when he had hair and was a comic and I liked him, and he was nice, but now he’s turned into this really powerful, very much — he doesn’t say it but — right-wing guy who platforms right-wing people, and bros really believe him,” Griffin said. “The straight bros, they are not getting vaccinated because of Dr. Joe Rogan.”

Fox News Digital reached out to Rogan’s publicist for comment.

‘THAT SOUNDS SO REPUBLICAN’: JOE ROGAN STUNNED BY OBAMA’S OLD DEPORTATION RHETORIC

While Griffin accused Rogan of being a “right-wing guy,” the “Joe Rogan Experience” host has a mixed political history. Rogan previously endorsed Sen. Bernie Sanders during the 2020 Democratic primary and has hosted a range of guests from across the political spectrum, including Texas Democratic state Rep. James Talarico, whom he once encouraged to consider a presidential run.

Joe Rogan has endorsed left-wing politicians in the past. (Chris Unger/Zuffa LLC via Getty Images)

However, he has pushed back on several liberal issues such as biological males competing in women’s sports.

JOE ROGAN CALLS MINNESOTA ICE SHOOTING FOOTAGE ‘HORRIFIC,’ ‘VERY UGLY’ TO SHOOT SOMEONE IN THE FACE

Griffin’s comments on Rogan came days after she encouraged her fans to identify their “MAGA” neighbors to know “who’s on our team.”

“I live in Los Angeles. It’s happening at targeted places in Los Angeles,” Griffin said on her show “Talk Your Head Off with Kathy Griffin.” “And I think it’s time to talk to the neighbors in real life. It’s time to talk to your neighbors, find out if they’re MAGA or not.”

Kathy Griffin encouraged her followers to identify their “MAGA” neighbors to find out who’s on “our team.” (Frazer Harrison/Getty Images for Out.com)

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“Sorry, but we have to know who’s on our team and start to plan,” Griffin said. “Is there a way we can do something as a community? When I hear from my followers in Minnesota, they describe a very sophisticated channel of a system of things that they do to help one another. And they use encrypted apps and, like I said, everyone has whistles and honks their horn, but they organize in small groups.”