Appeals court appears poised to reject Hegseth’s bid to punish Mark Kelly over ‘illegal orders’ video

Key Points:

• A federal appeals court panel appeared likely to reject Defense Secretary Pete Hegseth’s attempt to punish Democratic Sen. Mark Kelly for urging service members to refuse illegal orders, with judges criticizing the administration’s arguments as unconstitutional retaliation.
• Judges emphasized that refusing illegal orders is a principle taught at military academies like Annapolis and West Point, highlighting that Kelly’s comments align with military training and protect service members' rights.
• Kelly sued Hegseth after the Pentagon announced plans to reduce his retired military rank and issue a letter of censure in response to a video Kelly and other lawmakers posted urging service members not to obey unlawful orders.
• The video, released amid controversy over military strikes and National Guard deployments, sparked attempts by federal prosecutors to indict the lawmakers, but a grand jury refused to do so.
• Kelly warned that the administration’s efforts to punish him threaten free speech for veterans, asserting that the government should not be able to retaliate against retired military personnel for expressing their beliefs.