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Legal Af
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Trump & Hegseth COMPLETELY SCHOOLED by GOP Judge

Posted

February 19, 2026

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Attorneys Brian Kabateck and Shant Karnikian break down Judge Richard Leon's scathing 29-page ruling blocking Defense Secretary Pete Hegseth from punishing Senator Mark Kelly over a video in which Kelly and five other veteran lawmakers reminded service members they have a duty to refuse unlawful orders. The George W. Bush-appointed judge found Hegseth "trampled" on Kelly's First Amendment rights, called the Pentagon's legal theory "horsefeathers," and ruled that no court has ever extended active-duty speech restrictions to retired service members — and his court wouldn't be the first. The hosts walk through the four-part preliminary injunction test the judge applied, finding Kelly likely to win on the merits, facing irreparable harm, and that the public interest demands protecting free speech for millions of military retirees. They note the ruling came days after a federal grand jury unanimously rejected prosecutors' attempt to indict Kelly and the other lawmakers — a rare total rebuke. The attorneys argue Hegseth's overreaction turned what would have been a forgotten political statement into a major First Amendment victory, while Hegseth's response — "Sedition is sedition, Captain" — shows the administration still can't admit when it's wrong.

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Guests & Subjects Covered

Attorneys Brian KabateckShant KarnikianJudge Richard Leon'sDefense Secretary Pete HegsethSenator Mark KellyThe George W Bush-appointedKelly's First AmendmentFirst Amendment

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