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LetMyPeopleVote

(177,544 posts) Thu Feb 12, 2026, 12:46 PM Feb 12

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

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 â€˜illegal ordersâ€™ video

https://fascinating.news/r/hRS2CmPg
— Fascinating News ðŸ‡ºðŸ‡¸ (@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.

6 replies

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Judge says Pete Hegseth is unlawfully retaliating against Sen. Mark Kelly over 'illegal orders' video (Original Post) LetMyPeopleVote Feb 12 OP

Obviously the Illegal Behavior is Not Limited to a Couple Insecure Sickos in the White House The Roux Comes First Feb 12 #1

I have skimmed this opinion and it made me smile LetMyPeopleVote Feb 12 #2

MS NOW is covering this ruling LetMyPeopleVote Feb 12 #3

Quite a smackdown of Whiskey Pete from the judge! Tanuki Feb 12 #4

Pete Hegseth handed loss as GOP-appointed judge blocks move to reduce veteran Dem's rank LetMyPeopleVote Feb 12 #5

MaddowBlog-After a judge sided with Mark Kelly, what happens to Pete Hegseth's crusade? LetMyPeopleVote Sunday #6

The Roux Comes First

(2,248 posts)

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

Reply to LetMyPeopleVote (Original post)

Thu Feb 12, 2026, 12:56 PM

Feb 12

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

(177,544 posts)

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

Reply to LetMyPeopleVote (Original post)

Thu Feb 12, 2026, 12:57 PM

Feb 12

Link to tweet

LetMyPeopleVote

(177,544 posts)

3. MS NOW is covering this ruling

Reply to LetMyPeopleVote (Original post)

Thu Feb 12, 2026, 01:06 PM

Feb 12

Link to tweet

Tanuki

(16,383 posts)

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

Reply to LetMyPeopleVote (Original post)

Thu Feb 12, 2026, 01:26 PM

Feb 12

LetMyPeopleVote

(177,544 posts)

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

Reply to LetMyPeopleVote (Original post)

Thu Feb 12, 2026, 05:36 PM

Feb 12

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.

LetMyPeopleVote

(177,544 posts)

6. MaddowBlog-After a judge sided with Mark Kelly, what happens to Pete Hegseth's crusade?

Reply to LetMyPeopleVote (Original post)

Sun Feb 15, 2026, 02:17 PM

Sunday

The sooner the Pentagon chief and the rest of the Trump administration move on from this fiasco, the better off everyone will be.

After a judge sided with Mark Kelly, what happens to Pete Hegsethâ€™s crusade?
The sooner the Pentagon chief and the rest of the Trump administration move on from this fiasco, the better off everyone will be. Pete hegseth is another little trump bitch.
— Donna898 (@donna-f898.bsky.social) 2026-02-14T18:01:28.412Z

https://www.ms.now/rachel-maddow-show/maddowblog/after-a-judge-sided-with-mark-kelly-what-happens-to-pete-hegseths-crusade

In mid-December, the Pentagon announced that Defense Secretary Pete Hegseth was “escalating” his crusade against Sen. Mark Kelly, launching an “official Command Investigation” into the Arizona Democrat. It was, as The Washington Post noted soon after, an “unprecedented use of the military justice system to investigate a political adversary.”.....

If the former Fox News host had his hopes up, he has reason to be disappointed. MS NOW reported:

A federal judge temporarily blocked Defense Secretary Pete Hegseth on Thursday from censuring Sen. Mark Kelly or reducing his military pension over a video reminding troops to ‘refuse illegal orders.’

U.S. District Judge Richard Leon’s preliminary injunction prevents Hegseth from taking those actions or reducing Kelly’s rank as a retired Navy captain.

“Secretary Hegseth relies on the well-established doctrine that military servicemembers enjoy less vigorous First Amendment protections given the fundamental obligation for obedience and discipline in the armed forces,” the George W. Bush-appointed jurist wrote in his 29-page opinion.

“Unfortunately 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,” the judge added. “This Court will not be the first to do so!”.....

Hegseth’s failure dovetails with one of his former Fox colleagues, Jeanine Pirro, who’s currently the top federal prosecutor in the nation’s capital, authorizing prosecutors this week to try to persuade a grand jury to indict Kelly and his congressional colleagues on charges of seditious conspiracy.

That didn’t go well: Regular citizens on the grand jury rejected the ridiculous gambit on Tuesday. In fact, MS NOW confirmed that literally zero members of the grand jury were inclined to go along with the partisan scheme.

The sooner Hegseth and the rest of the Trump administration move on from this fiasco, the better off everyone will be.

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