The conservative Wall Street Journal editorial board read Secretary of Defense Pete Hegseth the riot act Monday, after a federal court threw out his efforts to punish Sen. Mark Kelly (D-AZ) for his involvement in a video reminding troops they must refuse illegal orders.
Hegseth's "embarrassing" abuse of power, the board wrote, never had a chance of flying in court.
"The former Navy captain joined several other Members of Congress in taping a video advising current officers they 'can refuse illegal orders,'" wrote the board. "This reiteration of a truism enraged Mr. Trump, who said in a social-media post that the Democrats were guilty of 'SEDITIOUS BEHAVIOR, punishable by DEATH!' As we wrote at the time, the Members’ comments were an unwise attempt to politicize the military, but they weren’t sedition and are protected by the First Amendment."
Nonetheless, the board said, Hegseth's attempt to issue Kelly a "letter of censure" for "conduct prejudicial to good order and discipline in the armed forces and conduct unbecoming an officer" was not a difficult thing for U.S. District Judge Richard Leon to see through.
"Appointed by George W. Bush, Judge Leon is no activist liberal, but he doesn’t mince words when he sees an abuse of the law," wrote the board. "The judge notes that Mr. Hegseth relies on 'the well-established doctrine' that members of the military enjoy less rigorous First Amendment protection given the need for military order and disciple. But he adds that '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 legal humiliation is becoming a habit for Trump officials," wrote the board, noting that at the same time, federal prosecutor and former Fox News personality Jeanine Pirro attempted to criminally indict Kelly and his compatriots over the video, and the grand jury rebuffed it.
"It will be a healthy development if more Americans decide they’ve had enough of political prosecutions," the board concluded. "Mr. Trump seems to expect slavish fealty in his deputies, or at least his deputies behave as if they think he does. But as they lose in court, they are doing their reputations no favors."
