Judge says #Hegseth is unlawfully retaliating against Sen. #MarkKelly over ‘illegal orders’ video

Nonilex

A federal judge on Thursday shut down #Defense Secretary #PeteHegseth’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.

#law #MilitaryLaw #Trump #dictatorship #RevengePolitics #democracy #FirstAmendment #FreeSpeech #PoliticalSpeech
https://www.cnn.com/2026/02/12/politics/mark-kelly-pentagon-lawsuit-ruling

Nonilex

The decision landed 2 days after a #GrandJudy in Washington, DC, declined to approve charges sought by federal prosecutors against the #Arizona senator & several other Democratic lawmakers who taped a video last year warning that “threats to our Constitution” are coming “from right here at home,” & repeatedly implored service members & the intelligence community to “refuse illegal orders.”

#law #MilitaryLaw #Trump #RevengePolitics #democracy #FirstAmendment #FreeSpeech #PoliticalSpeech

Nonilex

Together, the #GrandJudy declination & ruling from senior US District Judge Richard Leon represent major impediments to efforts by aides of #Trump to use the levers of government to punish Sen #MarkKelly, a retired Navy captain & former astronaut, over his participation in the video.

#law #MilitaryLaw #Hegseth #dictatorship #RevengePolitics #democracy #FirstAmendment #FreeSpeech #PoliticalSpeech

Nonilex

Leon, an appointee of President George W. Bush, wrote in a scathing, 29-pg ruling that #Hegseth was trampling over the #FirstAmendment rights of #MarkKelly & that his moves are an impermissible form of government retaliation.

https://www.documentcloud.org/documents/26953150-order-in-mark-kelly-case/

#law #MilitaryLaw #Trump #dictatorship #RevengePolitics #democracy #FreeSpeech #PoliticalSpeech

Thorium

@Nonilex The lawless regime is probably going to keep trying. But in the meantime

Nonilex

“That Senator Kelly may be an ‘unusually staunch individual’ does not minimize his entitlement to be free from reprisal for exercising his First Amendment rights,” Leon wrote. “Senator Kelly was reprimanded for exercising his First Amendment right to speak on matters of public concern.”

#law #MilitaryLaw #Hegseth #Trump #dictatorship #RevengePolitics #MarkKelly #democracy #FirstAmendment #FreeSpeech #PoliticalSpeech