Judge says Pete Hegseth is unlawfully retaliating against Sen. Mark Kelly over 'illegal orders' video

[LetMyPeopleVote]

This ruling makes me smile. I am looking forward to reading this opinion

Judge says Pete Hegseth is unlawfully retaliating against Sen. Mark Kelly over ‘illegal orders’ video

https://fascinating.news/r/hRS2CmPg

— Fascinating News 🇺🇸 (@fascinating-us.bsky.social) 2026-02-12T17:42:01.123Z

https://www.cnn.com/2026/02/12/politics/mark-kelly-pentagon-lawsuit-ruling

A federal judge on Thursday shut down Defense Secretary Pete Hegseth’s attempts to punish Democratic Sen. Mark Kelly over his urging of US service members to refuse illegal orders, ruling that the Pentagon chief’s actions were unconstitutionally retaliatory.

The decision landed two days after a grand jury in Washington, DC, declined to approve charges sought by federal prosecutors against the Arizona senator and several other Democratic lawmakers who taped a video last year warning that “threats to our Constitution” are coming “from right here at home,” and repeatedly implored service members and the intelligence community to “refuse illegal orders.”

Together, the grand jury declination and ruling from senior US District Judge Richard Leon represent major impediments to efforts by aides of President Donald Trump to use the levers of government to punish Kelly, a retired Navy captain and former astronaut, over his participation in the video.

Leon, an appointee of former President George W. Bush, wrote in a scathing, 29-page ruling that Hegseth was trampling over the First Amendment rights of Kelly and that his moves are an impermissible form of government retaliation.

[The Roux Comes First]

1. Obviously the Illegal Behavior is Not Limited to a Couple Insecure Sickos in the White House

The corruption this fraudulent "businessman," funded from the start by dirty inheritances, has sown in DC is widespread.

A thorough cleansing and major disinfection program will be essential, but with courage, doesn't have to wait until his comeuppance is complete.

[LetMyPeopleVote]

2. I have skimmed this opinion and it made me smile

Link to tweet

[LetMyPeopleVote]

3. MS NOW is covering this ruling

Link to tweet

[Tanuki]

4. Quite a smackdown of Whiskey Pete from the judge!

[LetMyPeopleVote]

5. Pete Hegseth handed loss as GOP-appointed judge blocks move to reduce veteran Dem's rank

I am really shocked that Hegseth and the DOJ tried to demote Senator Kelly. The law here is very clear. It was stupid to attempt to take this issue to court.

Pete Hegseth handed loss as GOP-appointed judge blocks move to reduce veteran Dem's rank

— #TuckFrump (@realtuckfrumper.bsky.social) 2026-02-12T18:02:38.000Z

https://www.rawstory.com/judge-blocks-pentagon-move-to-reduce-mark-kelly-s-rank/

A judge stepped in Thursday to block the Pentagon's move to try and reduce Sen. Mark Kelly's (D-AZ) rank or censure him — a loss for Defense Secretary Pete Hegseth and major win for Kelly.

Federal Judge Richard Leon in Washington, D.C., a Republican appointee, decided in favor of Kelly in the emergency action and in his decision — using multiple exclamation points — ruled that Kelly should have protections, CNN reported.

"He sees that Mark Kelly, a retired Naval officer and now a U.S. senator, is able to have First Amendment protections and that unfortunately the Trump administration has come in and tried to have some sort of censure or process for Mark Kelly that could hurt him as a former service member because of the things he has said publicly about the Trump administration and the military," CNN reporter Katelyn Polantz said......

Leon shared his decision Thursday.

"Unfortunately for the Secretary of Defense Pete Hegseth, no court has ever extended principles to retired service members that they want to do here, obedience and discipline if they believe someone has not been obedient in the military, much less has the administration done something to a retired service member serving in Congress and exercising oversight responsibility over the military," Leon said. "This Court will not be the first to do so!"

"To say the least, our retired veterans deserve more respect from our government and our Constitution demands they receive it!" Leon said.

Kelly avoided indictment from the Justice Department this week. The judge also added that he should not have to fear any criminal or administrative action.

"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 said.