Republican judge TORCHES Pete Hegseth in savage ruling
by PHILLIP NIETO, US POLITICAL REPORTER · Mail OnlinePete Hegseth was blocked by a judge on Thursday from punishing a Democratic senator who urged troops not to carry out illegal orders from Donald Trump.
Richard L. Leon, a Bush-appointed federal judge for the District of Columbia, slapped the defense secretary with the blunt ruling after the Pentagon tried 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 the White House.
Trump reacted by accusing Kelly and his fellow Democrats of '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.'
The judge also noted that Kelly made his comments while exercising his congressional oversight authority on the Senate Armed Services Committee.
Judge Leon stated Hegseth's decision to punish Kelly through military channels appears to be a tactic to avoid oversight by the legal system.
'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,' Judge Leon added.
He goes on in his ruling to quote famous musician Bob Dylan who said: 'You don’t need a weatherman to know which way the wind blows.'
Judge Leon concluded: 'To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!'
Attorney for the Arizona lawmaker claimed Hegseth was trying to punish Kelly 'solely for the content and viewpoint of his political speech.'
Judge Leon's decision blocks the Defense Department from continuing its administrative review into Kelly's comments until the matter is adjudicated by the court.
Hegseth responded to the ruling by vowing to appeal the judge's decision: 'This will be immediately appealed. Sedition is sedition, “Captain."'
The White House reiterated Hegseth's vow to overturn the judge's ruling with White House spokeswoman Anna Kelly telling the Daily Mail: 'This will not be the final say on the matter.'
The shocking ruling comes after a Washington, DC grand jury on Tuesday rejected the Justice Department's bid to indict Kelly and five other Democratic lawmakers.