On Thursday, Senior US District Court Judge Richard J. Leon, a George W. Bush appointee, issued a Preliminary Injunction preventing Secretary of Defense Pete Hegseth from implementing the letter of censure he directed at Democratic Senator Mark Kelly, a former (retired) U.S. Navy Captain and former astronaut.

The preliminary injunction prevents the Navy from conducting a hearing to re-determine Kelly’s retirement grade. It also prevents reliance on Hegseth's censure letter in order to carry out "threats of additional criminal or administrative action."

In his Memorandum Opinion Judge Leon expressly found that Hegseth "trampled on Senator Kelly's First Amendment freedoms and the constitutional liberties of millions of military retirees," when he issued a letter that censured Kelly for his participation in the duty to disobey illegal orders video, created with five other Congressional lawmakers, all military or intelligence veterans...

The video is consistent with the provisions of the Uniform Code of Military Justice, which was signed into law in 1950 in the aftermath of the Nuremberg Tribunals. The UCMJ imposes upon all members of the US military a duty to disobey illegal orders.

The veteran jurist was not shy in his rejection of the arguments presented by DOJ attorneys, which cited cases that pertained only to limits on the First Amendment rights of active duty military, not to retirees. At one point, Judge Leon described DOJ arguments as "horsefeathers".

The court issued the preliminary injunction one day after a grand jury refused to indict the six members of Congress who appear in the video. The judge determined that the threat of irreparable harm wrought by the Trump administration's retaliation was by no means confined to Kelly.

Citing an Amicus Curiae brief filed by several former Secretaries of all branches of the military and 41 retired officers, the Court observed that "many veterans today [are] 'declining' to 'participate in public debate on important and contested issues' out of fear of 'official reprisal'" Judge Leon continued...

While the ruling is temporary, until a full trial on the merits can be held, Hegseth has said the government plans to appeal Judge Leon's decision. Nevertheless, the preliminary injunction will remain in effect pending an appeal absent a stay order issued by either Judge Leon or by an appellate court. Hegseth would be well advised not to hold his breath while waiting for the issuance of a stay.

                 

Article Categories: U.S. Constitution, Accountability, Dept. of Justice, U.S. Senate, Dept. of Defense, Donald Trump, Mark Kelly, Pete Hegseth