UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARK KELLY, Plaintiff, Civil Case No. 26-81 (RJL) V. PETE HEGSETH, et al., Defendants. MEMORANDUM OPINION February 12, 2026 [Dkt. #2] 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!

Worse still, Secretary Hegseth contends that this Court is not yet competent to decide the issues in this case. He and his fellow Defendants argue that military personnel 1 Case 1:26-cv-00081-RJL Document 37 Filed 02/12/26 Page 2 of 29 decisions are exempt from judicial review and, in any event, that Senator Kelly should first be required to go through the military appeals process so the military can have the first crack at adjudicating his First Amendment rights. I disagree. 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! 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. As such, his motion for a preliminary injunction on his First Amendment claim is hereby GRANTED.

BREAKING: Judge blocks Hegseth effort to punish Sen. Kelly.

"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."

Background: www.lawdork.com/p/breaking-k...

Highlighting the speaker who stood in front of the Surprise mayor and told him to consider what the Mayor of Ohrdruf must’ve thought before he died by suicide: “He might have thought ‘how is this my fault I had no jurisdiction over this’ maybe he said ‘this site was not subject to local zoning.’”

YouTube video by PBS NewsHour WATCH: Minneapolis resident and U.S. citizen Aliya Rahman describes being detained by ICE

I’m sharing Aliya’s entire opening statement. We owe it to her, and those who no longer have a voice, to watch. youtu.be/zrcW8SZtYpI?...

Today I wrote about how Republicans are in trouble for the midterms but so is democracy. Make sure you always receive the last democracy news and information as well as my exclusive analysis by joining Democracy Docket today. hubs.ly/Q03M8rql0

I know all eyes are on Minneapolis, but there's a fast-approaching nightmare in Springfield, Ohio.

Trump is revoking protected status for tens of thousands of Haitians living there on Feb. 3.

Reportedly, on Feb. 4, 1000 ICE agents are arriving to remove this population. Ethnic cleansing.

Thank you. Thank you for naming the names of innocent defenders and the guilty.

YouTube video by Bruce Springsteen Bruce Springsteen - Streets Of Minneapolis (Official Audio)

I wrote this song on Saturday, recorded it yesterday and released it to you today in response to the state terror being visited on the city of Minneapolis. It’s dedicated to the people of Minneapolis, our innocent immigrant neighbors and in memory of Alex Pretti and Renee Good.

Stay free

over 1000 letters from voters demand Chuck Schumer publicly state the specific demands to curb ICE, for which there is broad consensus

text of the constituent letter that demands Chuck Schumer publicly state the specific demands to curb ICE, for which there is broad consensus

The 15+ NYC @indivisible.org & allied groups who rallied at @schumer.senate.gov's home & office DAILY LAST WEEK (even in a blizzard!) now hold >1K signed letters from voters.

We urge Chuck to declare the **specific, feasible demands** with broad consensus support to curb ICE or vote NO on DHS $$.

At Noon today @bkindivisible.bsky.social. @siactioncoalition.bsky.social will lead a coalition of over 15 Indivisible & allied groups to tell @schumer.senate.gov DO NOT CAVE!

Stay fierce & loud & safe

@indivisible.org
@50501newyork.bsky.social
@handsoffnyc.bsky.social
@riseandresist.bsky.social

Hundreds of NYers left work Fri to demand @schumer.senate.gov whip Dems to USE YOUR LEVERAGE to CURB ICE --w/ a FRESH ICE KILLING TODAY.

IF NOT NOW WHEN?

Show America Dems FIGHT for FREEDOMS as GOP uses U.S. $$ to force us into a police state.

@indivisible.org
video: @bkindivisible.bsky.social

BREAKING: ICE SHOOTS ANOTHER IN MINNEAPOLIS, TEAR GASSING OBSERVERS AT SCENE YouTube video by MeidasTouch

LIVE NOW on-the-ground in Minneapolis after another person was killed by federal agents.

FRI 1/23 @2:30, 3rd ave: STEP UP, CHUCK!! STOP ICE TERROR!! · NYC Indivisible **Will Chuck fight???** In the first of 2 weekend demonstrations, Indivisible Group members will show up at Senator Schumer's 3rd Ave Manhattan office to send him a clear demand: USE YOUR POWER TO STO...

If not now, when???

In *2* events, Indivisibles & allies will be at @schumer.senate.gov‘s Office (Fri) & on his BK doorstep (Sun) to say: #UseYourPOWER TO #StopICETerror!

Join us for one or both!
#ICEOutOfMN #ICEOutForGood

mobilize.us/s/JmbZ4Y

@indivisible.org
@bkindivisible.bsky.social

Turning a barrier into a declaration
💙🩵💙🩵💙

Con't from above post: A delegation of No Wars, No Kings, No ICE organizers broke away to pay a visit and leave our calling cards threaded into the barricades that our electeds had graciously placed to block us out.

@bkindivisible.bsky.social
@ezralevin.bsky.social
@leahgreenberg.bsky.social

Today 20,000 NYCers said No Wars, No Kings, No ICE & told @schumer.senate.gov @kirstengillibrand.bsky.social @hakeem-jeffries.bsky.social NO FUNDS FOR ICE OR WAR

@indivisible.org
@handsoffnyc.bsky.social
@socialists.nyc
@uwsag.bsky.social
@sunrisemvmt.bsky.social
Photos: @kenschles.bsky.social

My heart is with the Jewish community in Australia. We need less hate and more understanding.

YouTube video by Swing Left Yasmin Radjy | Chris Jansing Reports on MS Now | November 17, 2025

Our 1st PA door knocking of ‘26 Sat was joined by @msnownews.bsky.social & @swingleft.bsky.social with exec dir Yasmin Radjy!!

Hear more at TMNYC's UWS MEETING SAT mobilize.us/s/WD9c9o

Check out this positive & exciting new way to engage voters @ OurGroundTruth.org

m.youtube.com/watch?v=t6yc...

It was a terrific day, an opportunity to speak with people I agree with and those with very different views. So many, from both parties, said they were frustrated by the vitriol that got in the way of difficult conversations. By listening we got to have some of those conversations.

Having weakened our federal systems protecting us from terrorist plots, is Trump threatening Nigeria in hope of provoking a terrorist event in the US so that he can invoke Martial Law?
@hcrichardson.bsky.social

Federal Action Reporting Form Federal Action Reporting Form Please use this form to share information regarding federal government action in New York state. Filing a complaint does not start

We're launching a portal to review federal immigration enforcement in New York after yesterday’s ICE raid on Canal Street.

New Yorkers who were present should submit videos or photos, and we will review and investigate any violations of the law.

American cities are under attack and We the people of New York say: HANDS OFF NYC!

We won’t stand by while our city and communities are targeted. We're getting prepared for what may come.

Join us: HandsOffNYC.com

1/5

@ezralevin.bsky.social
@leahgreenberg.bsky.social
@indivisible.org

Trump Ordered The Smithsonian to Remove "Divisive" History Within 120 Days. Help Me Preserve It. The White House is forcing eight museums to submit exhibits for government review and "correction", and they're already complying.

Khalil Greene has a unique and important substack to follow.
historycanthide.substack.com/p/trump-orde...

Russia Is Suspected to Be Behind Breach of Federal Court Filing System

It’s always Russia: Russia Is Suspected to Be Behind Breach of Federal Court Filing System www.nytimes.com/2025/08/12/u...

Pentagon plan would create military ‘reaction force’ for civil unrest Documents reviewed by The Post detail a new National Guard mission that, if adopted, would require hundreds of troops to be ready around-the-clock.

The administration is considering a “Domestic Civil Disturbance Quick Reaction Force” composed of hundreds of National Guard troops tasked with rapidly deploying into American cities facing protests or other unrest www.washingtonpost.com/national-sec...

"If you live in Alaska, I need you to buy a Ukrainian flag and turn any area that Putin is going to be into a sea of Ukrainian flags - so many that, when Putin lands, all he's going to see is just yellow and blue."

Gray Matters Additions to the Dictionary for 2025

Additions to the Dictionary for 2025
(e.g.: A Christie Noem:
A person who believes that what they wear gives them powers to do what the costume suggests. For instance, I am not a doctor, but I play one on TV.

open.substack.com/pub/graymatt...

Poster showing John Lewis arrested with text: JOIN US JULY 17, 5:30PM, FOLEY SQ GOOD TROUBLE LIVES ON Wear white and bring flowers to honor those who have been taken from us by ICE and state violence. GoodTroubleNYC.com

NYC, save the date for our next nationwide day of protest.

📅 Thursday, July 17th
📍 Foley Square
⏰ 5:30pm

Let’s make good trouble.

Learn more at GoodTroubleNYC.com.

#GoodTroubleLivesOn #NoKings
Protests Thursday, July 17. NYC at Foley Square - 5:30 pm. Or find one near you at goodtroubleliveson.org?SQF_SOURCE=5...

Bezos funds #Fascism. The 'Crime Days' Blackout starts now. Get tips & join us! tinyurl.com/AmazonDryJuly #BoycottAmazon

@indivisible.org
@ezralevin.bsky.social
@leahgreenberg.bsky.social
@bkindivisible.bsky.social
@riseandresist.bsky.social
@50501movement.bsky.social
@50501nyc.bsky.social

Prime Day is a scam Amazon Prime Day is a four-day sale promoted by the mega-retailer as a rare opportunity to secure "deep discounts" on a variety of consumer items.

PS In case you thought you might be missing 'Crime Day' Deals... "Prime Day is a scam" open.substack.com/pub/populari...