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 st…
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.
“How is a member on the Armed Services committees supposed to do his or her job?” Leon asked lawyers for the administration.
He also pointed out that the chilling effect the Trump administration’s position has on Kelly extends to “many, many other” retired members of the military as well.
After the hearing, Kelly stopped to give a statement to the gaggle of reporters waiting outside the courthouse as melting snow dripped from the overhang.
“Secretary Hegseth censured me and is now trying to demote me for things that I said and for doing my job as a United States senator,” he said as a cement mixer truck loudly rumbled by. “And this isn’t happening in isolation. Since taking office, this administration has repeatedly gone after the First Amendment rights of many Americans.”