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Breaking news out of federal court — and it’s not good for Defense Secretary Pete Hegseth.
In a decisive ruling, a federal judge just shut down what critics are calling a retaliatory move against Senator Mark Kelly. And the implications stretch far beyond one courtroom.
Here’s what happened.
The Trump administration had attempted to go after Kelly — first through a failed criminal effort, and then through administrative punishment — all because he appeared in a public service video reminding military members of something that is already written plainly in the Uniform Code of Military Justice: service members must disobey unlawful orders.
That’s not a political slogan. That’s black-letter military law.
Yet the administration allegedly sought to punish Kelly, arguing that his comments were “service-discrediting” and harmful to military discipline. The response from the federal bench was swift.
Judge Richard Leon issued a preliminary injunction blocking any punishment against Kelly. In a sharply worded opinion, the judge concluded that the administration had trampled on Kelly’s First Amendment rights and threatened the constitutional liberties of military retirees.
In other words: you cannot retaliate against a sitting U.S. senator for accurately stating the law.
And that wasn’t the only blow.
Just days earlier, an attempt to criminally indict Kelly and five other members of Congress reportedly failed before a grand jury. Not only did the effort collapse — it failed completely. Not a single juror voted to indict.
Two courtroom setbacks in less than a week.
Legal analysts are now pointing to a larger issue: the erosion of the “presumption of regularity.” For decades, courts have generally trusted that Department of Justice prosecutors act in good faith when making representations to judges. But increasingly, federal judges have begun signaling that this automatic trust is no longer guaranteed.
That shift matters.
While this civil ruling doesn’t automatically control future cases, it does create a documented judicial finding that the administration attempted retaliation over protected speech. If similar charges were ever brought again, that record would loom large.
Beyond the legal technicalities, there’s a broader question: what was the objective here?
Was it a serious attempt to win in court — or was it a warning shot?
In the case record, more than 40 military retirees reportedly submitted sworn statements saying they felt chilled or intimidated from speaking out after seeing what happened to Kelly. That suggests the effort had at least some impact, even if it failed legally.
Now the calculus changes.
Some service members may still feel cautious. Others may feel emboldened after watching Kelly prevail in both criminal and civil arenas.
What’s clear is this: every time a court blocks an action as unconstitutional, it shapes the terrain for the next fight.
And after two losses in rapid succession, the legal momentum — at least for now — appears to have shifted.
The question going forward isn’t just whether similar efforts will continue.
It’s whether the courts will continue responding the same way.