Appeals Court Signals Doubt Over Pentagon Effort To Punish Sen. Mark Kelly
A D.C. Circuit panel questioned Defense Secretary Pete Hegseth's bid to demote Sen. Mark Kelly over a November 2025 video urging troops to refuse unlawful orders, during a May 7, 2026 hearing.
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Overview
A three-judge D.C. Circuit panel on May 7, 2026 appeared skeptical of Defense Secretary Pete Hegseth's effort to punish Sen. Mark Kelly for remarks urging service members to refuse unlawful orders.
Kelly appeared in a November 2025 video with other veterans urging service members to 'refuse illegal orders,' which prompted the Pentagon review and censure effort.
John Bailey, a Justice Department lawyer, told the court the government argues retired officers remain part of the armed forces and can be recalled.
Kelly sued the Pentagon in January, and a U.S. district judge issued a preliminary injunction in February blocking the administration from pursuing the campaign to censure him.
The appeals panel must decide whether to revive Hegseth's plan to demote Kelly and reduce his retirement pay after the May 7, 2026 hearing.
Analysis
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