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Sen. Kelly's Motion For Preliminary Injunction Granted

Observant1
edited February 12 in Off-Topic
"United States Senator Mark Kelly, a retired naval officer, has been censured by Secretary of Defense
Pete Hegseth for voicing certain opinions on military actions and policy.
In addition, he has been subjected to proceedings to possibly reduce his retirement rank and pay
and threatened with criminal prosecution if he continues to speak out on these issues.
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. 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!"

"This Court has all it needs to conclude that Defendants have trampled on Senator Kelly's First Amendment
freedoms and threatened the constitutional liberties of millions of military retirees.
After all, as Bob Dylan famously said, 'You don't need a weatherman to know which way the wind blows.'
To say the least, our retired veterans deserve more respect from their Government,
and our Constitution demands they receive it"!

"Rather than trying to shrink the First Amendment liberties of retired servicemembers,
Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom
and expertise that retired servicemembers have brought to public discussions
and debate on military matters in our Nation over the past 250 years.
If so, they will more fully appreciate why the Founding Fathers made free speech
the first Amendment in the Bill of Rights! Hopefully this injunction will in some small way
help bring about a course correction in the Defense Department's approach to these issues.
For the foregoing reasons, Senator Kelly's motion for a preliminary injunction
on his First Amendment claim is GRANTED."


Court PDF

Comments

  • Sven
    edited February 12
    Excellent ! Please read the document in full. Well articulated arguments for senator Kelly.
  • MarkMark
    Bravo!
  • Old_JoeOld_Joe
    "Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired service members have brought to public discussions
    and debate on military matters in our Nation over the past 250 years."

    Just excellent!   Judge Richard Leon's observations and comments could have been authored by a committee of certain MFO members. Well done!
  • CrashCrash
    I'm pleased, and half-surprised, since the Orange Tool has packed the Judiciary with the likes of "Judge" Aileen Cannon.
  • Observant1
    edited February 13
    Many federal district courts and courts of appeals have ruled against the Trump administration.
    When cases are sent to the Supreme Court, the Supremes often rule in favor of Trump.
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