Tonight in Your Rights: 'Horsefeathers' for Hegseth

Pete Hegseth loses another round against Sen. Mark Kelly, emphatically.

“Tonight in Your Rights” is a legal roundup focused on the defense of your freedoms.

Defense Secretary Pete Hegseth’s unconstitutional crusade against Sen. Mark Kelly (D-Ariz.) was so brazen that an exasperated federal judge used more than a dozen exclamation points in a fiery First Amendment ruling.

U.S. District Judge Richard Leon, a George W. Bush appointee, answered the Trump Justice Department’s arguments with exclamations of “Horsefeathers!” and “Please!”

Describing reports of retired service members afraid to criticize the Defense Department, Judge Leon wrote: “That is a troubling development in a free country!”

Earlier this week, a federal grand jury refused to indict Kelly and five other Democratic lawmakers for recording a political advertisement reminding other members of the military and intelligence community that they have the right and obligation to refuse illegal orders.

Separately, Hegseth opened administrative proceedings against Kelly to demote him and reduce his pay in violation of the sitting senator’s First Amendment rights.

Here are the 14 times that Judge Leon found that a period wasn’t strong enough to convey Hegseth’s “anemic” arguments and unconstitutional conduct.

1. Noting that no other court found retired service members forfeited their First Amendment rights, Leon wrote: “This Court will not be the first to do so!”

2. “To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!” Leon exclaimed.

3. Rejecting the argument that federal judges couldn’t take action, Leon wrote: “Here, Senator Kelly’s First Amendment claim presents a justiciable controversy!”

4. Referring to constitutional rights, Leon wrote: “To say the least, those issues are in the wheelhouse of Article III courts, not military officials!”

5. Finding that fighting Hegseth’s retaliation inside the Pentagon would have been a fool’s errand, Leon wrote: “[T]he outcome of the administrative process would, in all likelihood, be a fait accompli!”

6. Pointing out the threat to Kelly’s retirement grade and pay, Leon wrote: ‘[T]he hardship to the parties of withholding court consideration’ is severe!”

7. Setting aside the Parker precedent — which weakens the free speech rights of active service members — Leon wrote: “As applied to a sitting Member of Congress, the Parker rule has even less force!”

8. Speaking about the threat to the separation of powers, Leon wrote: “Indeed, if legislators do not feel free to express their views and the views of their constituents without fear of reprisal by the Executive, our representative system of Government cannot function!”

9. Leon scoffed at the government’s claim that Sen. Kelly wanted special treatment: “Horsefeathers!”

10. Teaching the government elementary facts about the Bill of Rights, Leon wrote: “The First Amendment ‘is a limitation on the power of Congress’ […] not the other way around!”

11. Describing the case’s chilling effect among retired veterans, Leon wrote: “That is a troubling development in a free country!”

12. The judge rejected the government’s argument that Sen. Kelly wasn’t injured because he said he wouldn’t be silenced: “Please!” Leon wrote. “That is not the law.”

13. Summarizing the government’s arguments, Leon wrote: “Put simply, Defendants’ response is anemic!”

14. Leon capped off the case’s importance to a free society toward the conclusion of his order this way: “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!”

Judge Leon is no stranger to passionate judicial punctuation. He struck down one of Donald Trump’s executive orders attacking a major law firm in a 73-page ruling with 26 exclamation points.

This particular opinion, however, stands out for sheer frequency of exclamations within 29 short pages — and, of course, appropriately righteous fury about the assault on the constitutional rights of a sitting senator, former astronaut, and decorated war hero.

Read the ruling in full here.

Homan signals retreat from the Twin Cities

Trump’s so-called border czar Tom Homan announced plans to end the surge into the Twin Cities over the next week.

“I have proposed, and President Trump has concurred, that this surge operation conclude,” Homan said in a press conference, claiming that a “significant drawdown” is underway.

An attorney for Renee Good’s family said he was “cautiously optimistic” that federal officers would, in fact, leave.

“The nation will be watching to see if and where these agents are redeployed,” attorney Antonio Romanucci said in a statement. “The agents’ departure from Minnesota does not dismiss the absolute need for accountability for their actions during Operation Metro Surge, and we are committed to seeking justice for our clients.”

Acting Immigration and Customs Enforcement director Todd Lyons testified that he did not believe that Good and Alex Pretti were domestic terrorists, distancing himself from the rhetoric of Trump’s top loyalists like Kristi Noem without commenting on those remarks.

With Republicans refusing to agree to put restrictions on ICE into a funding bill, the Department of Homeland Security appears to be heading toward a shutdown, multiple news outlets are reporting.

Read more about the drawdown here.

‘You are fired’

Trump’s Justice Department is insisting upon keeping their inexperienced, scandal-ridden and unqualified loyalist John Sarcone in a top prosecutorial position in New York, firing a highly qualified replacement chosen by the courts.

The judges of the Northern District of New York appointed Donald T. Kinsella, a longtime veteran of that office, as a U.S. Attorney on Wednesday.

Serving more than 50 years as an attorney, Kinsella was the district’s former criminal division chief who served more than a decade as a federal prosecutor before his retirement.

But he lacked the most prized qualification in Trump’s Justice Department: slavish loyalty to the president’s vendettas.

Within hours of Kinsella’s swearing-in, Trump’s criminal defense attorney turned Deputy Attorney General Todd Blanche mimicked his boss on “The Apprentice.”

“You are fired, Donald Kinsella,” Blanche wrote.

Sarcone, who was disqualified earlier this year, is a former Trump election lawyer with no prosecutorial experience who pursued a failed plot to criminally investigate New York Attorney General Letitia James for bringing two successful lawsuits against the Trump Organization and the National Rifle Association. The since-quashed subpoenas against James sought to make the case that the lawsuits amounted to civil rights violations.

Since his disqualification in January, Sarcone has remained in the office as a First Assistant U.S. Attorney with the top position vacant. The top position will remain vacant due to the reality TV show antics of Trump’s Justice Department.