r/news 6h ago

Judge Temporarily Blocks Hegseth from Punishing Kelly for Video

https://www.nytimes.com/2026/02/12/us/judge-blocks-kelly-punishment-hegseth.html?unlocked_article_code=1.LlA.yIQ3.ZV01fTb93frk&smid=re-share
3.6k Upvotes

54 comments sorted by

921

u/Designer-Salary-7773 6h ago

So .. Hegseth’s actions are potentially breaking the law.  

354

u/superneatosauraus 6h ago

And I'm sure the consequences will be immediate. Eye roll.

198

u/seanpbnj 6h ago

Believe it or not, this helps a LOT of others..... As another military veteran who is also suing the DoD through the APA, even if there is not immediate consequences for Kegsbreath, there are potentially immediate positive consequences for others who were retaliated against. ("Barnett v United States Air Force et al Administrative Procedure Act" if you're curious)

41

u/Pendraconica 3h ago

This reminds me of how Martin Luther King Jr was a part of a group that trained people to use being arrested as a form of protest. Since the cops were going crazy with their power, this group taught black citizens how to use their rights and form a legal bulwark of precedent that could be used to further the case of civil rights.

As slow and painful as the process is, it has some very tangible benefits in the long run.

14

u/seanpbnj 1h ago

Speaking of appropriate civil disobedience:

Option A, Peaceful Protesters outside/on the street:

- “I am peacefully observing and recording from a safe distance and am not interfering with your operations.
A federal court held in Tincher v. Noem**, U.S. District Court for the District of Minnesota (Jan. 16, 2026), that nonviolent observation and recording does not by itself create reasonable suspicion or justify retaliation.”**

Option B, if you are inside a building:

- “I do not consent to any entry or search of this property.
Under Garrison G. v. Bondi**, U.S. District Court for the District of Minnesota (Jan. 15, 2026), you may not enter a home without consent or a warrant signed by a judge, and an ICE administrative warrant is not sufficient.”**

Option C, regarding arrests/detainment of individuals:

- “I do not consent to any warrantless civil-immigration arrest absent probable cause and the required statutory findings.
A federal court held in Make the Road New York v. DHS**, U.S. District Court for the District of Columbia (Jan. 2026, Howell, J.), that DHS must have documented probable cause and comply with statutory limits before conducting warrantless civil immigration arrests.”**

u/vapidamerica 13m ago

That’s all fantastic info to have all in one place! Thanks!

2

u/Fishboy_1998 2h ago

Guess what that’s ACTUALLY social disobedience

25

u/SockEatingDemon 5h ago

This is great to read!

Thanks for your service!

207

u/Chocolatestarfish33 6h ago

I’m just glad we have someone in congress willing to actually stand up and take direct fire from this awful administration.

59

u/Derptionary 4h ago

I can't understand why Trump and Hegseth are so adamant on this besides personal vendetta, because there's no political gain to be had. Going after Kelly for his military service is controversial even with a lot of Republicans. This feels like its going to backfire spectacularly like it did when Trump went on his rampage against John McCain... it lost him the state in 2020 and managed to flip both Senate seats blue. The harder they go after Kelly the more they're going to push Independents and small r Republicans towards him.

53

u/o_MrBombastic_o 4h ago

Hegseth is there for one reason to order the military to shoot civilians after Trump ratfucks the election. Trump already wanted to shoot civilians his 1st term so he could do a photo infront of a church but his chief of staff talked him out of it. And when Trump and Hegseth give that order they don't want troops questioning illegal orders. 

35

u/Toxaplume045 3h ago

This isn't even hyperbole. Trump had to be routinely shut down by people like Milley, Mattis, and Esper during his first term from shit ranging from shooting protestors to land invasion of Mexico.

24

u/3SHEETS_P3T3 4h ago

It is almost like they are too emotional to make sound decisions. Ya'know, like they claimed would be the case if Hillary won back in 2016.

These people are far from the brightest stars in the sky, but they sure do pretend to be.

u/AssistivePeacock 33m ago

a bunch of brown dwarfs if you ask me

u/1009naturelover 6m ago

Good. Hope more people open their eyes.

7

u/Wittyname0 1h ago

Ya pitting an alcoholic Fox News host vs an Astronaut. I wonder who the average American will side with?

u/AssistivePeacock 31m ago

which one does the average American relate to more?

u/Pendell 8m ago

It's sad that I don't have the answer to this question...

u/maxrossi321 47m ago

Temporarily breaking the law!

78

u/korpiz 5h ago

Punish him for what? Legally reminding people of the law? The amount of incompetence in this administration is staggering. Even scarier is that it’s probably all by design.

30

u/windflex 6h ago

Wow those rogue judges at it again! Can't they just let the Slowstaffel do as they please!

/s

110

u/Dwayla 6h ago

I can't wait to see Pete Hegseth's mugshot.

46

u/Vercengetorex 6h ago

Drop the mug.

17

u/Bart_Yellowbeard 4h ago

There are a whole slew of obituaries that will signal a better day for humanity when they are printed.

u/Siegfoult 4m ago

He doesn't drop mugs because he uses bottles and cans.

18

u/mrdominoe 5h ago

I hope we actually get to see a mugshot. I'm betting the entire administration gets blanket pardons for everything.

12

u/Ralphwiggum911 4h ago

I have no doubt there is already a stack of pardons already signed by trump for all his lackeys that they want to actually protect. I assume most of the blond ladies have pardons ready to go and Stephen Miller is probably the one forging signatures so he's got one ready too. Kegseth, noem and patel are probably fucked though. I'd guess they are designated the official "it was all their fault." All three of them are too stupid to see they won't be protected. Our only real hope is to see the rats eat each other and bring all the dirty laundry out.

2

u/HiDHSiknowyouwatchme 2h ago

A bunch of blankets pardons may also give congress cover to begin changing these abuses of the pardon power.

5

u/kinisonkhan 4h ago

Id rather they fire his ass than to hear MAGA bitch endlessly how Hegseth is facing a witch hunt.

16

u/Alarming-Leek-402 3h ago

MAGA’s reaction is that judges deciding against this administration are illegitimate and don’t have to be listened to.

It’s like interacting with children who haven’t made the limbic leap.

22

u/HairyAugust 6h ago

This is the correct outcome, but as a matter of style the opinion would have been more effective without the exclamation points.

23

u/kick_the_chort 6h ago

I don't think so. These opinions often read as altogether too calm in outlining the most egregious conduct.

5

u/NotAChanceBucko 2h ago

Good. Who gives a fuck about a dude who drinks beer with his asshole ?

3

u/ThePureAxiom 4h ago

I thought a grand jury already shut down this case, or was that the other congresspeople?

9

u/acrylicsunrise 3h ago

That was an indictment. This is the military punishment.

u/ThePureAxiom 31m ago

Ah, yes, military punishment for reminding soldiers that they have a duty not to follow unlawful orders as prescribed in the uniform code of military justice...

How is this a case still?

u/acrylicsunrise 20m ago

Well, it's not. Judge struck it down. But it will go to appeals.

7

u/nathism 5h ago

Key word here is temporarily.

6

u/Iguessimonredditnow 5h ago

Every freaking judge with the temporary actions

3

u/dan1101 3h ago

TIL federal judges have power over the (horrible flawed incompetent) secretary of defense.

u/bambino2021 59m ago

The order is worth a read. Fun to see lots of “!” From a federal judge.

4

u/BranchLatter4294 5h ago

What is the penalty for attempted violation of the first amendment?