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LetMyPeopleVote

(177,198 posts)
Thu Feb 12, 2026, 12:43 PM Thursday

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

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



Here is link to the opinion
https://www.documentcloud.org/documents/26953150-order-in-mark-kelly-case/
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Link to beautifully scathing order here: Ocelot II Thursday #1
Thank you LetMyPeopleVote Thursday #3
I like that he ignored the EO "renaming" the DoD to DoW. nt SomewhereInTheMiddle Yesterday #23
I have skimmed this opinion and it made me smile LetMyPeopleVote Thursday #2
I would love to see Hegseth get sued by Kelly. Harassment, frivolous and malicious prosecution, defamation. Midnight Writer Thursday #4
Note the Judge stated BidenRocks Thursday #5
He had to. That is its legal name. The judge's ruling must be legally accurate. SunSeeker Thursday #8
MS NOW is covering this LetMyPeopleVote Thursday #6
K & R SunSeeker Thursday #7
It is going to be a battle over civilian justice vs the UCMJ The Grand Illuminist Thursday #9
That is the thing angrychair Thursday #21
If it went to military court.... The Grand Illuminist Thursday #22
PERFECT ammunition for a bluestarone Thursday #10
They Should Each Sue the Trump Administration MissouriDem47 Thursday #12
Yep bluestarone Thursday #13
Exactly as I expected ScratchCat Thursday #11
So is this the end of it? I sure hope so but you never know with these idiots. Katinfl Thursday #14
3-judge Panel w/ 2 Trump Appointees scheduled to overturn the ruling in maxsolomon Thursday #15
I'll bet against you on that one. onenote Thursday #19
that's good to know maxsolomon 19 hrs ago #24
And this is the exact odins folly Thursday #16
Good. mdbl Thursday #17
Pete Hegseth handed loss as GOP-appointed judge blocks move to reduce veteran Dem's rank LetMyPeopleVote Thursday #18
"Hegseth has radicalized the most conservative partisanly Republican judge not appointed by Trump I've ever met" muriel_volestrangler Thursday #20
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