Judge Incredulous as Trump Lawyer Asks Him to Create New Law for Mark Kelly Retribution Crusade
WASHINGTON, DC – Federal District Court Judge Richard Leon expressed shock Tuesday that the Trump Justice Department asked him to innovate on First Amendment grounds to better punish Sen. Mark Kelly (D-AZ) for speaking out against the administration.
“You’re asking me to do something the Supreme Court has never done – that’s a bit of a stretch, isn’t it? » the George W. Bush-appointed judge asked the DOJ’s John Bailey.
The Trump administration tried during the hearing to argue that the reduced speech rights that apply to active-duty military members — intended to preserve obedience and discipline — should also apply to Kelly, who is retired.
“This has never been done before,” Leon said.
Kelly sat in the front row during Tuesday’s hearing, dressed in a bright blue suit, flanked by staff members.
Leon seemed particularly disturbed by Kelly’s situation: Under the new rule proposed by the Trump administration, retired military personnel serving in Congress could be punished for criticizing the Pentagon. Defense Secretary Pete Hegseth shot Kelly after the senator appeared in a video with other members of Congress informing members of the military that they cannot follow illegal orders. The administration began a process to demote Kelly’s rank and put his retirement benefits in jeopardy.
“How is a member of the armed forces committees supposed to do his job? Léon called on lawyers for the administration.
He also pointed out that the chilling effect the Trump administration’s stance has on Kelly also extends to “many, many other” retired members of the military.
After the hearing, Kelly stopped to make a statement to the group of reporters waiting outside the courthouse as slush flowed from the overhang.
“Secretary Hegseth has censored me and is now trying to demote me for the things I said and for doing my job as a United States senator,” he said as a cement mixer truck roared by. “And this is not happening in isolation. Since taking office, this administration has repeatedly attacked the First Amendment rights of many Americans.”
