US Appeals Court Weighs Pentagon Bid to Punish Senator Mark Kelly
A three-judge panel questioned whether the Pentagon can punish Kelly for a video urging troops to refuse illegal orders.
- On Thursday, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit appeared skeptical of Defense Secretary Pete Hegseth's effort to censure Senator Mark Kelly and reduce his retirement rank over a controversial video.
- The conflict began after Kelly, a retired Navy captain, appeared in a November video urging service members to "refuse illegal orders," prompting Hegseth to initiate retirement grade determination proceedings and issue a formal letter of censure.
- Kelly's lawyer, Benjamin Mizer, argued the Pentagon's actions represent "textbook retaliation for disfavored speech," while judges questioned whether retired veterans must forfeit free speech rights to retain their military status.
- Following the arguments, Kelly told reporters he is "not backing down" from the legal fight, which has bolstered his national profile and helped him raise more than $25 million in campaign funds over the last six months.
- Regardless of the appellate ruling, legal experts anticipate the case could reach the Supreme Court, potentially shaping the 2028 presidential landscape as Kelly considers a White House bid amid ongoing debates over military politicization.
13 Articles
13 Articles
Whether Sen. Mark Kelly advised ‘disobedience’ to service members argued in appeals case
Arizona Democratic Sen. Mark Kelly speaks outside the E. Barrett Prettyman U.S. Courthouse and William B. Bryant Annex in Washington, D.C., on Thursday, May 7, 2026, following oral arguments in federal appeals court in his case against the Defense Department. Former Arizona Rep. Gabby Giffords, who is married to Kelly, and supporters surround Kelly. (Photo by Jennifer Shutt/States Newsroom)WASHINGTON — Attorneys for the Trump administration argu…
Trump's retribution campaign against Mark Kelly has backfired
According to new reporting from Politico, a federal appeals court is poised to quash Defense Secretary Pete Hegseth’s effort to punish Senator Mark Kelly (D-AZ), who drew the ire of the White House by telling troops to reject illegal orders. This represents a major blow to the administration’s war of narratives as it has attempted to smear Navy veteran and former astronaut Kelly as a traitor while asserting its broad military powers. The matter …
Federal appeals court skeptical of Pentagon bid to punish Mark Kelly
A federal appeals court panel on Thursday seemed skeptical of the Department of Defense’s efforts to censure Sen. Mark Kelly (D-Ariz.) and lower his retirement rank over his role in a controversial video. A three-judge panel on the U.S. Court of Appeals for the D.C. Circuit sharply questioned the Pentagon over its assertion that Kelly, a retired Navy captain, is subject to military…
Appeals court appears poised to reject Hegseth’s bid to punish Mark Kelly over ‘illegal orders’ video
A federal appeals court appeared ready Thursday to reject Defense Secretary Pete Hegseth’s effort to punish Democratic Sen. Mark Kelly over his call to US service members to refuse illegal orders.
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