January 1, Judge Halts Hegseth’s Move on Kelly Over Guard Video

Wyatt’s Take

• A judge blocked an attempt to cut Senator Mark Kelly’s retirement pay over a video with other Democrats urging the National Guard not to follow “illegal orders.”
• Pentagon tried to punish Kelly, but the court said his rights as a retired veteran and Senator are protected.
• The fight shows the ongoing battle over loyalty, military order, and free speech in America.

A federal judge stopped the Pentagon from lowering Arizona Senator Mark Kelly’s pay after he and five Democrats told National Guard members not to obey “illegal orders.” The Trump administration said the video tried to stir up disobedience in the Guard, which was active in several big cities working to stop crime.

“Secretary Hegseth relies on the well-established doctrine that military servicemembers enjoy less vigorous First Amendment protections given the fundamental obligation for obedience and discipline in the armed forces,” Judge Leon wrote. “Unfortunately for Secretary Hegseth, no court has ever extended those principles to retired servicemembers, much less a retired servicemember serving in Congress and exercising oversight responsibility over the military. This Court will not be the first to do so!”

Judge Leon said the attempt to cut Kelly’s pay likely violated his First Amendment rights. He added, “Senator Kelly’s First Amendment claim is not only justiciable; he is likely to succeed on the merits. He has also shown irreparable harm, and the balance of the equities fall decidedly in his favor.”

Kelly, a retired Navy Captain, said, “Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran. His unconstitutional crusade against me sends a chilling message to every retired member of the military: if you speak out and say something that the President or Secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted.”

The future of the case is uncertain, as it is not clear if the administration will appeal.

Read more at Townhall

Wyatt Matters

Middle America believes in honoring those who serve but also expects loyalty to the country and respect for free speech. This case touches on the balance between military order and the rights earned by veterans, an issue close to the heartland.