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mark kelly
Judge Blasts Hegseth Over Effort to 'Shrink the First Amendment Liberties' of Sen. Mark Kelly
"This court has all it needs to conclude that defendants have trampled on Senator Kelly's First Amendment freedoms."
Feb 12, 2026
A federal judge delivered a scathing ruling against Defense Secretary Pete Hegseth's effort to punish a Democratic US senator for warning members of the military against following unlawful orders.
US District Judge Richard Leon on Thursday granted a preliminary injunction that at least temporarily blocked Hegseth from punishing Sen. Mark Kelly (D-Ariz.), a retired US Navy captain who was one of several Democratic lawmakers to take part in a video that advised military service members that they had a duty to disobey President Donald Trump if he gave them unlawful orders.
In his ruling, Leon eviscerated Hegseth's efforts to reduce Kelly's retirement rank and pay simply for exercising his First Amendment rights.
While Leon acknowledged that active US service members do have certain restrictions on their freedom of speech, he said that these restrictions have never been applied to retired members of the US armed services.
"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," wrote Leon. "To say the least, our retired veterans deserve more respect from their government, and our constitution demands they receive it!"
The judge said he would be granting Kelly's request for an injunction because claims that his First Amendment rights were being violated were "likely to succeed on the merits," further noting that the senator has shown "irreparable harm" being done by Hegseth's efforts to censure him.
Leon concluded his ruling by imploring Hegseth to stop "trying to shrink the First Amendment liberties of retired service members," and instead "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."
Shortly after Leon's ruling, Kelly posted a video on social media in which he highlighted the threats posed by the Trump administration's efforts to silence dissent.
"Today, a federal court made clear that Pete Hegseth violated the Constitution when he tried to punish me for something I said," Kelly remarked. "But this case was never just about me. This administration was sending a message to millions of retired veterans that they too can be censured or demoted just for speaking out. That's why I couldn't let this stand."
Kelly went on to accuse the Trump administration of "cracking down on our rights and trying to make examples out of everyone they can."
Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said.
This is a critical moment to show this administration they can't keep undermining Americans' rights.
I also know this might not be over yet, because Trump… pic.twitter.com/9dRe9pmeCd
— Senator Mark Kelly (@SenMarkKelly) February 12, 2026
Leon's ruling came less than two days after it was reported that Jeanine Pirro, a former Fox News host who is now serving as US attorney for the District of Columbia, tried to get Kelly and five other Democratic lawmakers criminally indicted on undisclosed charges before getting rejected by a DC grand jury.
According to a Wednesday report from NBC News, none of the grand jurors who heard evidence against the Democrats believed prosecutors had done enough to establish probable cause that the Democrats had committed a crime, leading to a rare unanimous rejection of an attempted federal prosecution.
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Grand Jury Stops 'Outrageous' Trump DOJ Effort to Indict Democrats
"They tried to have me charged with a crime—all because of something I said that they didn’t like," said Sen. Mark Kelly. "That’s not the way things work in America."
Feb 11, 2026
A federal grand jury on Tuesday declined to go along with an effort by the Trump Justice Department to indict Democratic lawmakers involved in a November video reminding members of the US military of their duty to refuse illegal orders, a message that came as President Donald Trump deployed troops to major American cities.
The failed attempt to indict the six Democratic lawmakers was led by Trump loyalist Jeanine Pirro, a former Fox News host who is now serving as US attorney for the District of Columbia. The New York Times reported that federal prosecutors "sought to persuade the grand jurors that the lawmakers had violated a statute that forbids interfering with the loyalty, morale, or discipline of the US armed forces."
Trump, who has repeatedly weaponized the Justice Department against his political opponents, erupted in response to the 90-second video, accusing the Democratic lawmakers behind it of "seditious behavior, punishable by death."
The lawmakers who appeared in the video were Sens. Mark Kelly of Arizona and Elissa Slotkin of Michigan as well as Reps. Jason Crow of Colorado, Chrissy Houlahan and Chris Deluzio of Pennsylvania, and Maggie Goodlander of New Hampshire. The Democrats learned they were under investigation last month when they received inquiries from Pirro's office.
Lawmakers and legal observers said it was deeply alarming that the DOJ even tried to secure the indictment.
"What an ugly assault on the First Amendment and on Congress," said legal scholar Ryan Goodman. "Thankfully, thwarted."
Kelly, a retired Navy captain who is facing Pentagon attempts to censure him and cut his military benefits, said the effort to indict him and his fellow Democratic lawmakers was "an outrageous abuse of power by Donald Trump and his lackies."
"It wasn’t enough for Pete Hegseth to censure me and threaten to demote me, now it appears they tried to have me charged with a crime—all because of something I said that they didn’t like," Kelly wrote on social media. "That’s not the way things work in America."
We want to speak directly to members of the Military and the Intelligence Community.
The American people need you to stand up for our laws and our Constitution.
Don’t give up the ship. pic.twitter.com/N8lW0EpQ7r
— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025
Slotkin, a former CIA officer who organized the November video, said Pirro pursued the indictment "at the direction of President Trump, who said repeatedly that I should be investigated, arrested, and hanged for sedition."
"Today, it was a grand jury of anonymous American citizens who upheld the rule of law and determined this case should not proceed. Hopefully, this ends this politicized investigation for good," the senator said. "But today wasn’t just an embarrassing day for the administration. It was another sad day for our country."
"Because whether or not Pirro succeeded is not the point. It’s that President Trump continues to weaponize our justice system against his perceived enemies," Slotkin added. "No matter what President Trump and Pirro continue to do with this case, tonight we can score one for the Constitution, our freedom of speech, and the rule of law."
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Sanders Warns Powell Probe Part of Trump Plan to 'Intimidate and Destroy' All Critics
"We must not allow our great country, the United States of America, to become an authoritarian society."
Jan 12, 2026
Sen. Bernie Sanders on Monday warned that the Trump administration's targeting of Federal Reserve Chairman Jerome Powell for criminal investigation was part of a broader pattern of intimidation aimed at quelling dissent.
In a prepared statement, Sanders (I-Vt.) acknowledged that he had his own disagreements with Powell, a conservative Republican who was first appointed by President Donald Trump to be chairman of the Federal Reserve in 2017.
However, Sanders said political disagreements had nothing to do with the Department of Justice launching a criminal probe of Powell.
"In a democracy, debate and disagreement are normal," Sanders said. "But Donald Trump does not 'disagree' with his opponents. In his pursuit of absolute power, he attempts to destroy anyone who stands in his way. He's actively prosecuting Powell not because the Fed chair broke the law, but because he won't bend the knee to Donald Trump."
Sanders noted that Powell was only the latest target of the Trump administration's vindictive retribution.
"When Sen. Mark Kelly (R-Ariz.) spoke out against Donald Trump's authoritarian rhetoric and threats toward political opponents, Trump didn't agree," Sanders explained. "He had his Defense Department investigate Kelly for misconduct and threatened to have him executed."
Sanders also pointed to the prosecutions of New York Attorney General Letitia James and former FBI Director James Comey, as well as his threats against assorted other critics, as evidence that Trump seeks to "intimidate and destroy... as part of his march to authoritarianism."
"We must not allow our great country, the United States of America, to become an authoritarian society," Sanders concluded. "Trump's persecution of his political opponents must end."
The co-chairs of the Not Above the Law coalition–Lisa Gilbert, co-president of Public Citizen; Praveen Fernandes, vice president of the Constitutional Accountability Center; Kelsey Herbert, campaign director at MoveOn; and Brett Edkins, managing director for policy and political affairs at Stand Up America—also denounced the investigation into Powell as politically motivated on Monday, while arguing it was part of an effort to stifle dissent in the US.
"Whether targeting federal judges, members of Congress, civil society organizations, or now the chair of the Federal Reserve, Trump weaponizes the full force of government against anyone who won't submit to his will," they said. "Undermining the Federal Reserve threatens Americans’ jobs and savings, and our nation’s economy."
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