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

[LetMyPeopleVote]

Source: CNN

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.

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

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Here is link to the opinion
https://www.documentcloud.org/documents/26953150-order-in-mark-kelly-case/

[Ocelot II]

1. Link to beautifully scathing order here:

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

"Rather than trying to shrink the First Amendment liberties of retired service members, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired service members have brought to public discussions and debate on military matters in our Nation over the past 250 years. If so, they will more fully appreciate why the Founding Fathers made free speech the firstAmendment in the Bill of Rights! Hopefully this injunction will in some small way help bring about a course correction in the Defense Department's approach to these issues."

[LetMyPeopleVote]

3. Thank you

[SomewhereInTheMiddle]

23. I like that he ignored the EO "renaming" the DoD to DoW. nt

[LetMyPeopleVote]

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

Link to tweet

[Midnight Writer]

4. I would love to see Hegseth get sued by Kelly. Harassment, frivolous and malicious prosecution, defamation.

[BidenRocks]

5. Note the Judge stated

DEFENSE DEPT.
Not war.
Stick it dipshits!

[SunSeeker]

8. He had to. That is its legal name. The judge's ruling must be legally accurate.

Trump’s stupid executive order does not change its legal name. Only Congress can do that.

[riversedge]

26. Cheers for the Judge. Take that you little smell weasel Hegseth!!

[LetMyPeopleVote]

6. MS NOW is covering this

Link to tweet

[SunSeeker]

7. K & R

[The Grand Illuminist]

9. It is going to be a battle over civilian justice vs the UCMJ

nt

[angrychair]

21. That is the thing

His discipline was never heard in a military court. It was a summary declaration from the Sec of the Navy with the support of the Sec of Defense.

They decided that, not a military court.

[The Grand Illuminist]

22. If it went to military court....

It wouldn't make a difference. He might as well change his status from retired to discharged since he would make better pension money from the senate anyways.

[bluestarone]

10. PERFECT ammunition for a

HUGE LAWSUIT!! Hope these people sue the shit out of THIS administration!!!

[MissouriDem47]

12. They Should Each Sue the Trump Administration

Last edited Fri Feb 13, 2026, 07:32 AM - Edit history (1)

For 10 billion dollars just like Trump has sued his own administration for the same amount.

[bluestarone]

13. Yep

Get them ALL!! Make them pay for sure!!

[ScratchCat]

11. Exactly as I expected

The judge hit all points:

- A person's 1st Amendment rights are not restricted for life by simply joining the military.

- Mark Kelly is a sitting US Senator with the right to political speech.

- Mark Kelly, as a US Senator, has legal oversight over the military.

- Notes that the attempt to censure Kelly is "impermissible government retaliation".

[Katinfl]

14. So is this the end of it? I sure hope so but you never know with these idiots.

They always find another way to screw with people.

[maxsolomon]

15. 3-judge Panel w/ 2 Trump Appointees scheduled to overturn the ruling in

3... 2... 1...

[onenote]

19. I'll bet against you on that one.

The odds are definitely in my favor. There are three Trump appointees on the DC Circuit. There are a total of 7 Democratic appointees -- three Biden and four Obama, plus one GHWBush appointee. If you factor in the senior judges who might be on the appellate panel you add a Carter appointee and a Clinton appointee to the mix. And, if by some slim chance the panel is 2 Trumpers and on Democrat and Judge Leon (himself a GWB appointee) is reversed, Kelly will seek and almost certainly get that decision overturned en banc.

[maxsolomon]

24. that's good to know

I think the Trumpists have gotten as much media value out of the prosectution as they can, anyway, so they'll probably let it drop.

for now. to be revived if/when Kelly runs in '28...

[odins folly]

16. And this is the exact

Last edited Thu Feb 12, 2026, 06:04 PM - Edit history (1)

Although slightly unfortunate, reason that the previous administration didn’t recall and courts martial that shitbag magat ex general for all his shit.

[mdbl]

17. Good.

Let's hope that detracts these assholes like Kegsbreath from trying stupid crap like that again.

[LetMyPeopleVote]

18. 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.

[muriel_volestrangler]

20. "Hegseth has radicalized the most conservative partisanly Republican judge not appointed by Trump I've ever met"

Hegseth has radicalized Richard Leon, the most conservative partisanly Republican judge not appointed by Trump I've ever met.

— National Security Counselors 🕵 (@nationalsecuritylaw.org) 2026-02-12T18:50:12.256Z

"In addition to ripping Hegseth to shreds and ruling for Sen Kelly, Judge Leon communicates a sort of direct popular outrage with different unusual stylistic passages in his opinion, including the line from Subterranean Homesick Blues "you dont need a weatherman to know which way the wind blows.""

In addition to ripping Hegseth to shreds and ruling for Sen Kelly, Judge Leon communicates a sort of direct popular outrage with different unusual stylistic passages in his opinion, including the line from Subterranean Homesick Blues "you dont need a weatherman to know which way the wind blows."

— Harry Litman (@harrylitman.bsky.social) 2026-02-12T19:02:44.267Z

[LetMyPeopleVote]

25. MaddowBlog-After a judge sided with Mark Kelly, what happens to Pete Hegseth'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.

After a judge sided with Mark Kelly, what happens to Pete Hegseth’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.