ByPHILLIP NIETO, US POLITICAL REPORTER
Published:18:53 GMT, 12 February 2026|Updated:20:15 GMT, 12 February 2026
Pete Hegsethwas blocked by a judge on Thursday from punishing a Democratic senator who urged troops not to carry out illegal orders fromDonald Trump.
Richard L. Leon, a Bush-appointed federal judge for the District of Columbia, slapped the defense secretary with the blunt ruling after thePentagontried to strip Senator Mark Kelly, a retired navy captain, of his rank and pension.
'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,' Judge Leon wrote in a 29-page ruling.
'If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights!'
Kelly, along with five other Democratic lawmakers, published a video in November encouraging members of the military and intelligence community to refuse 'illegal orders' from theWhite House.
Trump reacted by accusing Kelly and his fellowDemocratsof 'SEDITIOUS BEHAVIOR, punishable by DEATH!'
The judge's scathing ruling came after Kelly sued Hegseth and the Defense Department for launching a military investigation into his public statements that could result in the loss of his rank.
Judge Leon excoriated the Trump administration for not going through the proper channels so 'the military can have the first crack at adjudicating his First Amendment rights.'
Source: Drudge Report
