Ex-Army lawyer: Judge cut Trump attack on vet’s First Amendment rights 'off at the knees'
Thursday, February 12, 2026
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Judge Richard Leon, a GOP-appointed judge, issued a scathing ruling in Sen. Mark Kelly's lawsuit against the Pentagon, protecting Kelly's First Amendment rights after he appeared in a video reminding soldiers they don't have to follow unconstitutional orders.
David French, a former Army lawyer and New York Times columnist, praised the judiciary for its independence, saying it's "keeping the hope, the spark of hope alive" by restraining rogue leaders like Trump, who wishes to suppress free speech and prosecute opponents.
French emphasized that the judiciary can only do so much, stating "the Constitution can restrain rogue presidents, legislatures, and populace for a while, but ultimately, the people get what they want", highlighting the importance of elections and the role of the American people in holding leaders accountable.