Appeals Court Looks Unlikely to Allow Hegseth to Punish Mark Kelly for Video
The New York Times • • nation
Key Points:
- A federal appeals court panel indicated it is unlikely to allow Defense Secretary Pete Hegseth to discipline Senator Mark Kelly for advising active-duty military members not to follow illegal orders.
- The panel, with two of three judges leaning in Kelly's favor, seems poised to uphold a lower court's ruling that found the Trump administration violated Kelly's First Amendment rights.
- The Justice Department sought to overturn the temporary block preventing Hegseth from punishing Kelly, who made the comments in a November video with other Democratic veterans.
- Judge Florence Y. Pan questioned the argument that retired military personnel must forfeit their rank and pension to speak on illegal orders, emphasizing their service and the legality of refusing unlawful commands.
- The disciplinary action against Kelly was initiated after President Trump accused him of sedition and called for severe punishment following his public remarks.
