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Daily on Defense, presented by Americans for Fusion: Judge shreds Hegseth’s legal arguments, Rubio in Munich, Colby puts NATO on notice, Trump gives Iran a month

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BY JAMIE MCINTYRE

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'HORSEFEATHERS!' JUDGE UPBRAIDS HEGSETH: Retired Navy captain Sen. Mark Kelly (D-AZ) has won round one of his legal battle against Defense Secretary Pete Hegseth, who is seeking to punish Kelly for remarks and a video which he and President Donald Trump termed "SEDITIOUS BEHAVIOR, punishable by DEATH!"

U.S. District Judge Richard Leon, in a blistering 29-page opinion punctuated by 16 exclamation points, eviscerated Hegseth's legal arguments, including the claim that military personnel decisions are exempt from judicial review. "I disagree," Leon wrote. "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."

Leon rejected every one of Hegseth's assertions, including that Kelly was seeking to exempt himself from rules of military justice that "Congress has expressly made applicable to retired service members." 

"Horsefeathers!" he wrote. "Defendants all but admit that Senator Kelly is being censured because of the 'particular views taken' in his public comments," Leon, who was nominated by Republican President George W. Bush, wrote in blocking Hegseth's attempt to remove Kelly and dock his retirement pension. "Senator Kelly's speech is fully protected under the First Amendment."

READ FOR YOURSELF: The opinion is a breezy read, with a reference to Bob Dylan's "Subterranean Homesick Blues" and unsparing in its support of Kelly's lawsuit. "Any way you slice it, Defendants' actions violate the First Amendment. Senator Kelly has thus demonstrated a strong likelihood of success on the merits warranting preliminary injunctive relief."

"Secretary Hegseth relies on the well-established doctrine that military service members 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 service member serving in Congress and exercising oversight responsibility over the military. This Court will not be the first to do so!"

"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."

KELLY: 'THIS MIGHT NOT BE OVER': In a statement and on social media, Kelly praised the judge's ruling but said the fight isn't over. "The First Amendment is a foundation of our democracy. It's how we demand better of presidents like Donald Trump," he said. "But Donald Trump and his administration don't like accountability. They don't like when journalists report on the consequences of their policies. They don't like when retired veterans question them. And they don't like when millions of everyday Americans peacefully protest."

"I appreciate the judge's careful consideration of this case, and the clarity of his ruling," Kelly said. "But I also know that this might not be over yet, because this President and this administration do not know how to admit when they're wrong."

Right on cue, Hesgeth responded with a social media post indicating he would not be bowed by the federal judge's opinion. "This will be immediately appealed," Hegseth posted on his personal X account, adding "Sedition is sedition, 'Captain,'" intentionally putting "Captain" in scare quotes as a not-so-subtle threat to Kelly that he intends to demote him, despite the court order.

JUDGE BLOCKS PENTAGON ATTEMPT TO REDUCE MARK KELLY'S RETIRED MILITARY RANK

Good Friday morning and welcome to Jamie McIntyre's Daily on Defense, written and compiled by Washington Examiner National Security Senior Writer Jamie McIntyre (@jamiejmcintyre) and edited by Christopher Tremoglie. Email here with tips, suggestions, calendar items, and anything else. Sign up or read current and back issues at DailyonDefense.com. If signing up doesn't work, shoot us an email and we'll add you to our list. And be sure to follow me on Threads and/or on X @jamiejmcintyre.

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HAPPENING TODAY: President Donald Trump and first lady Melania Trump travel to Fayetteville, North Carolina, for a "military family engagement event" at Fort Bragg. The president is scheduled to deliver remarks to military families at 1:30 p.m. 

ALSO TODAY: The Munich Security Conference, billed the "world's leading forum for international security policy," begins tonight and runs through the weekend. The U.S. delegation is led by Secretary of State Marco Rubio, as Vice President J.D. Vance, who lectured Europeans last year at the marquee event and received a frosty reception at the Olympic Games, has decided to stay home.

The conference brings together more than 1,000 participants from around 120 countries. Attendees include heads of state and government, ministers, and senior representatives of international organizations. Sens. Lindsey Graham (R-SC) and Sheldon Whitehouse (D-RI), who are leading a Senate delegation of 11 members, refer to the conference as a "marketplace of ideas" where initiatives and solutions are developed, and opinions are exchanged."

House members, who were planning a group trip as a bipartisan delegation, have had their plans disrupted by the looming shutdown of the Department of Homeland Security, according to Politico, which reported that House Speaker Mike Johnson (R-LA) canceled all official travel. 

RUBIO: WE'RE AT 'A DEFINING MOMENT': Rubio, who is set to headline the conference with a 9 a.m. (3 a.m. EST) speech and Q&A session Saturday, told reporters before leaving Washington that his message will be that the world is at a defining moment. "The old world is gone — frankly, the world that I grew up in — and we live in a new era in geopolitics, and it's going to require all of us to sort of reexamine what that looks like and what our role is going to be."

Rubio said he expects both Greenland and Ukraine to be prominent in the informal discussions and said he plans to meet with Ukrainian President Volodymyr Zelensky, Hungarian President Viktor Orban, and Syrian Foreign Minister Assad al-Shaibani, among others, while in Munich.

Asked about the meeting with Orban, who is probably the most pro-Russian leader of a NATO country, Rubio said President Trump is "very supportive of him," and that the Munich conference was the "best opportunity" for a visit. As for Zelensky, Rubio said. "I think he was going to be there, and there's a chance to see him. I believe it's on my schedule. I'm not 100% certain.

Full conference agenda and livestream schedule can be found here

CONGRESS EYES MUNICH CONFERENCE AS OPPORTUNITY TO REBUILD CONFIDENCE AMONG NATO ALLIES

COLBY LAYS DOWN A MARKER: In what will no doubt go down in history as the "NATO 3.0 speech" Undersecretary of War for Policy Elbridge Colby — primary author of the Pentagon new National Defense Strategy — rejected the current formulation of focus of NATO as a "liberal internationalist mindset" that ​​"is no longer fit for purpose, certainly not for the United States."

As Canadian Prime Minister Mark Carney famously underscored at the World Economic Forum in Davos, Switzerland, last month, Colby told NATO defense ministers meeting in Brussels Thursday that U.S. is moving beyond the so-called "rules-based international order."

"The times are changing, and we must adapt," Colby said. "What is needed is a "NATO 3.0,'" which he said "requires much greater efforts by our allies to step up and assume primary responsibility for the conventional defense of Europe."

"At the same time, the United States must – and will – prioritize those theaters and challenges where only American power can play a decisive role," he said. "That is not a retreat from Europe. It is, rather, an affirmation of strategic pragmatism and a recognition of our allies' undeniable ability to step up and lead on Europe's defense in a way that leaves all of us stronger and safer."

ELBRIDGE COLBY CALLS FOR 'NATO 3.0' AT DEFENSE SUMMIT

U.S. DRAWING DOWN FORCES IN SYRIA: Without much fanfare, the U.S. Central Command has announced that the U.S. is abandoning a base in southeast Syria that it has used for more than a decade to support the fight against ISIS.

"U.S. Central Command completed the orderly departure of U.S. forces from al-Tanf Garrison in Syria on Feb. 11 as part of a deliberate and conditions-based transition," CENTCOM said in a press release and a post on social media.

"U.S. forces remain poised to respond to any ISIS threats that arise in the region as we support partner-led efforts to prevent the terrorist network's resurgence," the release said in a quote attributed to Central Commander Adm. Brad Cooper. "Maintaining pressure on ISIS is essential to protecting the U.S. homeland and strengthening regional security."

"Withdrawal from key bases in Syria illustrates that the United States is gradually shifting its counter-Islamic State in Iraq and al Sham (ISIS) framework to engage with the Syrian government rather than the Syrian Democratic Forces," the Institute for the Study of War said in an analysis. "The United States has relied on the Syrian Democratic Forces (SDF) as its primary counter-ISIS partner on the ground since 2014."

A February 9 joint statement from the U.S. and Saudi Arabia, "commended Iraq's efforts to securely detain ISIS fighters and welcomed Syria's assumption of responsibility for detention facilities and displacement camps housing."

"Over the past two months, U.S. forces have struck more than 100 targets with over 350 precision munitions while capturing or killing more than 50 ISIS terrorists," CENTCOM said.

TRUMP GIVES IRAN A MONTH: As several media outlets report that the U.S. aircraft carrier USS Gerald R. Ford and its escort ships will soon join the USS Abraham Lincoln in the Arabian Gulf region, President Trump continued to signal he's in no hurry to initiate military action against Iran while there is still a chance for diplomacy.

"We have to make a deal. Otherwise, it's going to be very traumatic — very traumatic. I don't want that to happen. But we have to make a deal," Trump told reporters at the White House. Asked about a timeline, Trump responded, "I guess over the next month, something like that, yeah. Yeah, it shouldn't take, I mean, it should happen quickly. They should agree very quickly."

"I'll talk to them as long as I like, and we'll see if we can get a deal with them. And if we can't, we'll have to go to phase two. Phase two will be very tough for them. I'm not looking for that," Trump said, insisting that he was not pressured by Israeli Prime Minister Benjamin Netanyahu to act sooner. "We had a very good meeting yesterday with Bibi Netanyahu, and he understands, but it's ultimately up to me," Trump said.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

THE RUNDOWN:

Washington Examiner: DHS on brink of prolonged shutdown after Senate Democrats block funding over ICE

Washington Examiner: Congress eyes Munich conference as opportunity to rebuild confidence among NATO allies

Washington Examiner: Homan: Trump approved wrapping up ICE and CBP operation in Minnesota

Washington Examiner: Judge blocks Pentagon attempt to reduce Mark Kelly's retired military rank

Washington Examiner: Zelensky criticizes IOC for disqualifying Ukrainian Olympian for helmet honoring athletes killed in war

Washington Examiner: Elbridge Colby calls for 'NATO 3.0' at defense summit

Washington Examiner: Trump foe in line to profit from Russia sanctions

Washington Examiner: Melania Trump reunites Russian and Ukrainian children with their families

Washington Examiner: Russia replaces WhatsApp access with state sanctioned messaging app

Washington Examiner: Italy's Meloni amps up illegal immigration enforcement in Italy with proposed 'naval blockade'

Washington Examiner: Walz calls on federal government to reimburse Minnesota for 'damage' in surge

Washington Examiner: Tom Rogan Opinion: The US and Israel have different objectives in Iran

AP: Second US aircraft carrier is being sent to the Middle East, AP source says, as Iran tensions high

The Atlantic: Zelensky Makes His Pitch to Trump

AP: Spy agency says Kim Jong Un's daughter is close to being designated North Korea's future leader

Reuters: AeroVironment's LOCUST Counter-Drone Laser Used by US Army Near El Paso Airport

Breaking Defense: DHS Taps Fortem to Defend Us World Cup Venues From Drones

Defense News: Russia Will Uphold Nuclear Weapons Limits of Expired Treaty, Foreign Minister Says

Politico: House Leaders Say Lawmakers Can't Attend Munich Security Conference as Official Delegation

The Telegraph: Honey traps and hidden cameras: all of Epstein's suspicious ties to Moscow

AP: Judge dismisses California deportation case for Mexican father of 3 US Marines

AP: Lawyers of Chicago woman shot by federal agents say documents show how DHS lies about investigations

Air & Space Forces Magazine: Space Force, Aiming to Double in Size, Blows Past Recruiting Goal

Air & Space Forces Magazine: Pentagon to Restock Massive Ordinance Penetrator Bombs Dropped by B-2s on Iran

Air Force Times: No Evidence Women in Combat Roles Lower Standards, Top Enlisted Leaders Say

Defense Scoop: Air Force Begins Testing Mission Autonomy Package for CCA Prototypes

Air & Space Forces Magazine: ULA Successfully Launches Space Force Mission, Despite Booster Anomaly

Task & Purpose: The Military Really Wants People to Stop Trespassing on Its Test Range in the Desert

Air & Space Forces Magazine: CMSAF: Air Force Working on 17 New Child Care Centers

THE CALENDAR: 

FRIDAY | FEBRUARY 13

Munich, Germany — The 62nd Munich Security Conference at the Hotel Bayerischer Hof and Rosewood Munich, with nearly 50 heads of state and government attending. The conference runs through Sunday, February 15 https://securityconference.org/en/msc-2026/

10 a.m. —  Georgetown University Center for Jewish Civilization virtual discussion: "Israel and the Middle East: Understanding a Changing Strategic Landscape," with Ksenia Svetlava, executive director, Regional Organization for Peace, Economics and Security; and Hesham Youssef, senior adviser, European Institute of Peace https://events.georgetown.edu/event/37574-israel-and-the-middle-east

10:30 a.m. 1201 Pennsylvania Ave. NW — Hudson Institute discussion: "A Strategic Response to Sino-Russian Cooperation: Perspectives from Europe and the Indo-Pacific," with Greg Brown, executive director, Alliance Future Initiative; Justyna Szczudlik, deputy head of research, Polish Institute of International Affairs; Patrick Cronin, Asia-Pacific security chair, Hudson Institute; and Masashi Murano, Hudson Institute Japan chair https://www.hudson.org/events/strategic-response-sino-russian-cooperation

11:30 a.m. — Middle East Forum virtual discussion: "The Saudi Pivot Away from the United States and Israel," with Hussain Abdul-Hussain, research fellow at the Foundation for Defense of Democracies; Victoria Coates, vice president, Heritage Foundation Institute for National Security and Foreign Policy; and Hussein Aboubakr Mansour, MEF fellow https://tinyurl.com/4vu9psas

3:30 p.m. — Center for Strategic and International Studies virtual discussion: "Golden Dome One Year In," with Melissa Dalton, nonresident senior adviser, CSIS Aerospace Security Project; Daniel Karbler, nonresident senior adviser, CSIS Missile Defense Project; Kari Bingen, director, CSIS Aerospace Security Project; and Tom Karako, director, CSIS Missile Defense Project https://www.csis.org/events/golden-dome-one-year

WEDNESDAY | FEBRUARY 18

10 a.m. — Center for European Policy Analysis Zoom press briefing discussing two reports, "Ukraine 2036: How Today Investments Will Shape Tomorrow Security" and "Wartime Assistance to Ukraine." with Marianna Fakhurdinova, coordinator, EU–Ukraine Partnership Program, Transatlantic Dialogue Center; Uliana Movchan, Ax:son Johnson Fellow, Center for European Policy Analysis; Kseniya Sotnikova, Ax:son Johnson Fellow, Center for European Policy Analysis; and moderator: Elina Beketova, fellow, Democratic Resilience, Center for European Policy Analysis https://cepa.rsvpify.com/cepapressbriefingukraine

TUESDAY | MARCH 3

226 Dirksen — Senate Judiciary Committee hearing: "Oversight of the Homeland Security Department," with testimony from Homeland Security Secretary Kristi Noem http://judiciary.senate.gov 

WEDNESDAY | MARCH 4

10 a.m. 2154 Rayburn — House Oversight and Government Reform Committee hearing: "Oversight of Fraud and Misuse of Federal Funds in Minnesota: Part II," with testimony from Gov. Tim Walz (D-MN) and Minnesota Attorney General Keith Ellison (D) http://oversight.house.gov

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QUOTE OF THE DAY
"Zelensky told me that he would rather take no deal at all than force his people to accept a bad one. Even after four years of intense warfare, he says he is prepared to fight on if that's what it takes to secure a dignified and lasting peace. 'Ukraine is not losing,' he insisted emphatically."
Atlantic writer Simon Shuster, summarizing his interview with Volodymyr Zelensky in Kyiv on Wednesday
Access the Daily on Defense archives here

Daily on Defense, presented by Americans for Fusion: Judge shreds Hegseth’s legal arguments, Rubio in Munich, Colby puts NATO on notice, Trump gives Iran a month Daily on Defense, presented by Americans for Fusion: Judge shreds Hegseth’s legal arguments, Rubio in Munich, Colby puts NATO on notice, Trump gives Iran a month Reviewed by Diogenes on February 13, 2026 Rating: 5

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