Senate NDAA adds protections for ‘political speech’ by military retirees amid Hegseth-Kelly battle

Defense Senate NDAA adds protections for ‘political speech’ by military retirees amid Hegseth-Kelly battle Comments: by Ellen Mitchell - 06/23/26 2:52 PM ET Comments: Link copied by Ellen Mitchell - 06/23/26 2:52 PM ET Comments: Link copied

NOW PLAYING

The Senate’s defense authorization bill includes language that would better protect retired service members who speak out against the government in the midst of a battle between Sen. Mark Kelly (D-Ariz.) and Defense Secretary Pete Hegseth over the lawmaker’s criticism of the Trump administration.

The provision — included in the Senate Armed Service Committee’s version of the National Defense Authorization Act (NDAA), passed out of committee earlier this month — would update the Uniform Code of Military Justice “to exempt certain types of speech by a retiree from being subject to punishment,” according to the draft bill.

Specifically, retired service members couldn’t be punished for “political speech” or “expressions pertaining to the actions, character, motivation, qualifications, or other attributes of government officials.”

Committee members unanimously approved the language in a closed-door debate, with no Republican senators raising objections, Politico reported.

The provision is noteworthy given Hegseth’s ongoing fight with Kelly, a Navy veteran and a member of the panel, originally over Kelly in November appearing alongside five other Democrats, all with either military or intelligence backgrounds, telling service members that they can refuse illegal orders.

Hegseth attempted to reduce Kelly’s retired captain’s rank and sent him a formal letter of censure over the appearance, accusing the former Navy pilot and NASA astronaut of sedition.

In turn, the Arizona senator in January sued the Pentagon, and a federal judge in February blocked the department’s actions against Kelly. U.S. District Judge Richard Leon, an appointee of former President George W. Bush, said retired service members have First Amendment protections and that the Pentagon’s actions against Kelly in response to the video “clearly pass the bar” for retaliation and stand to chill the speech of other veterans.

The Trump administration, however, argues that limits on free speech for active-duty troops also applies to retirees.

After the Defense Department appealed, a three-judge panel on the U.S. Court of Appeals for the D.C. Circuit in May appeared skeptical of the administration’s argument in the case. A final ruling is expected in the coming weeks.

Senate Armed Services Committee ranking member Sen. Jack Reed (D-R.I.) told Politico that there was “a consensus that, I think, both sides agreed that the treatment that Sen. Kelly has received is illegal and not appropriate,” and that none of the committee members “wants to see the judicial mechanism used as a way to punish people for what they’re saying.”

It remains to be seen if the provision makes it into the final version of the NDAA or is scrubbed during negotiations among the full Senate and then later with the House, which did not have similar language in its defense legislation. The Senate’s bill will come before the full chamber in July.

Add as preferred source on Google Tags George W. Bush Jack Reed Mark Kelly Pete Hegseth Richard Leon

Comments: Link copied