Judge Incredulous as Trump Lawyer Asks Him to Create New Law for Mark Kelly Retribution Crusade [View all]

Source: Talking Points Memo

02.03.26 | 5:58 pm


WASHINGTON, DC–Federal District Court Judge Richard Leon expressed shock Tuesday that the Trump Justice Department was asking him to break new First Amendment ground, the better to punish Sen. Mark Kelly (D-AZ) for speaking out against the administration.

“You’re asking me to do something that the Supreme Court has never done — that’s a bit of a stretch, is it not?” the George W. Bush-appointed judge asked DOJ’s John Bailey.

The Trump administration tried during the hearing to argue that the diminished speech rights that apply to the active duty military — meant to preserve obedience and discipline — should apply to Kelly, who is retired, as well. “That’s never been done before,” Leon said. Kelly sat in the front row during Tuesday’s hearing in a bright blue suit, flanked by staffers.

Leon seemed particularly perturbed about Kelly’s situation specifically — that, under the Trump administration’s new proposed rule, retired members of the military serving in Congress could be punished for criticizing the Pentagon. Defense Secretary Pete Hegseth trained his fire on Kelly after the senator appeared in a video with other members of Congress advising members of the military that they cannot follow illegal orders. The administration launched a process aimed at demoting Kelly’s rank and jeopardizing his retirement benefits.

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