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"This court has all it needs to conclude that defendants have trampled on Senator Kelly's First Amendment freedoms."
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.
“Reality doesn’t lie: Coal is a rapidly dwindling relic of the past, not a solution for the future," said one climate action advocate.
“The 19th century called, and it wants its fuel source back," said the president and CEO of the Natural Resources Defense Council on Wednesday as President Donald Trump announced his latest attempt to prop up the pollution-causing, expensive coal industry with taxpayer funds—this time by ordering the Pentagon to purchase electricity directly from coal-fired power plants.
"While Americans are demanding clean, affordable energy, the Trump administration is using our tax dollars to prop up the nation’s dirtiest, least efficient power plants," said Manish Bapna of the NRDC.
At an event at the White House, Trump directed Defense Secretary Pete Hegseth to sign long-term, taxpayer-funded contracts with coal plants that would likely have otherwise been retired in the coming years, to purchase energy to power military installations.
"Hard to think of a dumber 21st Century energy and security policy than Trump's insistence that the Pentagon buy more coal power," said the Military Emissions Gap, a UK-based project that monitors military emissions data.
Trump also announced $175 million from the Energy Department to upgrade six coal plants in Kentucky, North Carolina, Ohio, and West Virginia, and was presented with a trophy naming him the “Undisputed Champion of Beautiful Clean Coal" by the Washington Coal Club.
The Trump administration's persistent efforts to cancel the planned closures of large coal plants have been challenged not only by more than a dozen state governments, but by the owners of at least one of the facilities and two utilities in Colorado.
The utilities, Tri-State Generation and Transmission Association and Platte River Power Authority, accused the administration of violating the Takings Clause of the US Constitution's Fifth Amendment, which states that “private property [shall not] be taken for public use, without just compensation.”
They argued in a regulatory filing last month that “the costs of compliance fall directly on their members and customers, who must now pay."
Ari Peskoe, director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program, told the Washington Post that the administration's decision to compel coal plants to continue operating has raised household "energy bills while providing negligible benefits to consumers.”
“Each of the five plants were slated to retire because they are expensive to operate and there are cheaper sources of power available to meet consumers’ needs,” Peskoe told the Post. “Plant owners aren’t just flipping a switch to turn the plants back on—they are spending millions on maintenance, renewing expired coal contracts and rehiring workers.”
“It’s no wonder fossil fuel lobbyists are handing Trump an award today. Trump asked them for campaign cash and promised to return the favor—and now he is."
Bapna said Trump's latest actions on coal were the result of the president's campaign promise to fossil fuel executives, whom he asked for $1 billion in campaign donations and pledged to gut climate regulations in return.
“It’s no wonder fossil fuel lobbyists are handing Trump an award today. Trump asked them for campaign cash and promised to return the favor—and now he is," said Bapna. "The rest of us are left to pay the price: more heart disease and asthma attacks, higher utility bills, and more frequent unnatural disasters. This is a raw deal for our wallets, our health, and our future.”
Julie McNamara, associate policy director of the Climate and Energy Program at the Union of Concerned Scientists, pointed out that Americans will face higher electricity bills and be forced to pay for the new Department of Defense contracts at a time when "people and businesses across the country are struggling with rapidly escalating electricity costs" while other countries around the world expand their use of far cheaper renewable energy sources.
"The country has real solutions at hand—yet instead of pushing ahead with investments in the fastest, cheapest, cleanest resources available, the Trump administration is actively doing everything it can to stop the deployment of new solar and wind projects, to stop investments in energy efficiency, and to stop the buildout of modern grid infrastructure," said McNamara.
“Reality doesn’t lie: Coal is a rapidly dwindling relic of the past, not a solution for the future," she added. "The Trump administration’s flailings come with real consequences. Forcing the use of increasingly unreliable and relentlessly uneconomic coal plants will risk outages and send high electricity costs higher. Recklessly slashing health, safety, and environmental standards will harm people’s health and the environment. And opting for hollow statements and short-term bailouts fails to meaningfully deliver for the coal-dependent communities requiring actual, durable transition solutions."
Margie Alt, director of the Climate Action Campaign, suggested that Trump's latest handouts to coal firms "ignores basic economics" while also proving that "coal can't compete without a taxpayer-funded bailout."
"Our military is one of the largest consumers of energy in the world," said Alt. "Instead of improving the efficiency of our military and the quality of life for those serving our country, this order saddles taxpayers with inflated energy costs while exposing millions of Americans to more toxic pollution from old, inefficient plants."
"The Donroe Doctrine is not simply a vision for the hemisphere. It is a doctrine of global domination," said one critic.
President Donald Trump's blockade of Venezuelan oil—condemned as "piracy" by critics around the world—continued on Monday, with the US Department of Defense announcing that overnight, "military forces conducted a right-of-visit, maritime interdiction and boarding on the Aquila II without incident" in the Indian Ocean.
"When the Department of War says quarantine, we mean it. Nothing will stop DOW from defending our homeland—even in oceans halfway around the world," the Pentagon declared on social media, using Trump's preferred department name. "The Aquila II was operating in defiance of President Trump's established quarantine of sanctioned vessels in the Caribbean. It ran, and we followed."
"The Department of War tracked and hunted this vessel from the Caribbean to the Indian Ocean," the department continued. "No other nation on planet Earth has the capability to enforce its will through any domain. By land, air, or sea, our armed forces will find you and deliver justice."
"You will run out of fuel long before you will outrun us," the Pentagon added. "The Department of War will deny illicit actors and their proxies the ability to defy American power in the global maritime domain."
The department also shared a video and photos from the operation, which Defense Secretary Pete Hegseth acknowledged during a visit to the Bath Iron Works shipyard in Bath, Maine, a stop on his national Arsenal of Freedom tour.
According to the Associated Press:
Following the US raid to apprehend then-President Nicolás Maduro in early January, several tankers fled the Venezuelan coast, including the ship that was boarded in the Indian Ocean overnight.
Hegseth vowed to eventually capture all those ships, telling a group of shipyard workers in Maine on Monday that "the only guidance I gave to my military commanders is none of those are getting away."
"I don't care if we got to go around the globe to get them; we’re going to get them," he added.
Citing an unnamed dense official, the AP also reported that "the Aquila II has not been formally seized and placed under US control," unlike seven other Venezuela-linked tankers previously taken by the Trump administration. Instead, the news agency explained, the Panamanian-flagged ship "is being held while its ultimate fate is decided by the US."
Reuters noted that Aquila II "was carrying about 700,000 barrels of Venezuelan heavy crude bound for China," based on schedules from the Venezuelan state oil and gas company, PDVSA.
In addition to Trump's efforts to hand Venezuela's nationalized oil industry over to fossil fuel companies that helped him secure another term, the president is ramping up US pressure on the Cuban economy by depriving the island nation of Venezuelan oil.
As Common Dreams reported earlier Monday, David Adler, co-general coordinator of Progressive International, accused Trump of "laying siege to the island of Cuba: asphyxiating its people, shuttering its hospitals, starving them of food."
After news of US forces boarding the Aquila II broke, Adler added: "Jesus christ. The United States is now intercepting oil tankers in the INDIAN OCEAN that dare to carry oil to starving Cuba. The Donroe Doctrine is not simply a vision for the hemisphere. It is a doctrine of global domination."