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.
Ernest A. Canning is a retired attorney, author, and Vietnam Veteran (4th Infantry, Central Highlands 1968). He previously served as a Senior Advisor to Veterans For Bernie. Canning has been a member of the California state bar since 1977. In addition to a juris doctor, he has received both undergraduate and graduate degrees in political science. Follow him on Twitter: @cann4ing
Good on Judge Leon.
So the pre-eminent jurist accepted the argument and struck his decision on a foundation of an admission of cowardice from a whole bunch of “afraid” retirees.
I would have thought these friends of the court would have chosen the more circumspect “concerned” rather than the illuminating “afraid” to make their point to the judge.
They have been rendered afraid by Hegseth’s really rather reasonable pursuit of Mark Kelley/Kelly astronaut CAPT.
Maybe this same crew of afraid/concerned Friends of Mark will apply the same enthusiasm to another veteran, 0-6, retiree and Congressman John Murtha who in fact was harmed, killled really and medically, by paid DoD actors at NNMC Bethesda/WRNMC via botched surgery. No one yet has investigated, Mark Kelly too, why Jack was “too afraid” to go back to “Bethesda” as the botched surgery became more evident and delaying a choice to seek refuge at a civilian hospital instead. Maybe then the abuse of the lucrative military disability program will be exposed and QTCs role underscored as the double dipping employer of choice for quite a few active duty O-6s. Did the FBI threaten one of Jack’s favorite O-6s into silence over this same issue…more than one O-6 perhaps?
So much for freedom of speech and the duty to disobey illegal orders all at play in this sordid affair some 15+ years ago.
Hey Rich23, do you actually believe any of the drivel you posted?
Rich23 omitted necessary references to Bigfoot, which completely invalidates his post.