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Summarize

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The military version of lawfare loses in embarrassing fashion.

The Editorial Board

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Mr. Kelly, an Arizona Democrat, has been pointed in criticizing various Trump Administration policies, notably its bombing campaign against alleged drug boats in the Caribbean. The former Navy captain joined several other Members of Congress in taping a video advising current officers they “can refuse illegal orders.”

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.

Enter Mr. Hegseth, who takes tango lessons whenever Mr. Trump says dance. The secretary issued a “letter of censure” against Sen. Kelly “for conduct prejudicial to good order and discipline in the armed forces and conduct unbecoming an officer.” He also began a retirement grade proceeding that could result in Mr. Kelly losing his captain’s rank and pension.

The Senator sued in federal court and has now won a preliminary injunction to stop the proceeding. Judge Richard Leon issued his legal takedown late last week, and it deserves more attention as a defense of free speech. 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.

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!”

It’s downhill from there for the secretary. The judge finds that Mr. Kelly’s comments are the definition of protected speech under the First Amendment, and that the Pentagon cited no precedent that limits on speech for active-duty officers apply to retirees.

The judge says Mr. Hegseth’s actions were a clear case of illegal “retaliation” for speech he disliked. “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!,” Judge Leon writes.

This legal humiliation is becoming a habit for Trump officials. A grand jury last week refused to rubber stamp U.S. Attorney Jeanine Pirro’s attempt to indict Mr. Kelly and the other Members of Congress who taped the video. Ms. Pirro had sought an indictment for interfering with the loyalty, morale or discipline of the U.S. armed forces.

News reports say not a single member of the grand jury voted to indict, a stunning rebuke for Ms. Pirro, who also seems to believe that her priority is lawfare instead of pursuing actual criminals. It will be a healthy development if more Americans decide they’ve had enough of political prosecutions.

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.

WSJ Opinion: The Biggest Threat to Journalism? Journalists.

WSJ Opinion: The Biggest Threat to Journalism? Journalists.

An Editor at Large: Don’t blame rapacious owners of media organizations for the loss of public trust. Blame biased, incompetent reporting. Photo: Pablo Martinez Monsivais/Allison Robbert/Associated Press

(http://www.autoadmit.com/thread.php?thread_id=5835603&forum_id=2).#49675211)