"A majority of judges on a three-member panel at the DC US Circuit Court of Appeals spent more than an hour and a half throwing cold water on arguments pushed by the Justice Department to revive Hegseth's plans, which were shut down earlier this year by a federal judge who said they were unconstitutionally retaliatory."
""That is something that is taught at Annapolis to every cadet," Judge Nina Pillard, an appointee of former President Barack Obama, said of Kelly's comments last year. "These are people who served their country - many put their lives on the line," said Judge Florence Pan, an appointee of former President Joe Biden. "And you're saying that they have to give up their retired status in order to say something that is a textbook example taught at West Point and the Naval Academy - that you can disobey illegal orders.""
"The third member of the panel - Judge Karen Henderson, an appointee of former President George H. W. Bush - seemed at least somewhat sympathetic to the administration's arguments. She said at one point that since Kelly could be recalled at any time and court-martialed, it must be the case that other tools are also available for the military to use to go after him over his conduct."
"Kelly, a retired Navy captain and former astronaut, sued Hegseth in January after the defense secretary announced the Pentagon would pursue administrative action against the Arizona senator, including reducing his last military rank -which would lower the pay he receives as a retired Navy captain -"
A three-judge panel at the DC U.S. Circuit Court of Appeals appeared inclined to reject Defense Secretary Pete Hegseth’s attempt to punish Democratic Sen. Mark Kelly for urging U.S. service members to refuse illegal orders. Judges expressed skepticism toward Justice Department arguments aimed at reviving Hegseth’s plans, which had been blocked earlier by a federal judge as unconstitutional retaliation. Judges said Kelly’s comments reflected widely taught military principles about disobeying illegal orders. One judge suggested the government could use other military tools because Kelly could be recalled and court-martialed. The case tests how far free speech protections extend to former military members and is tied to broader efforts to target prominent critics.
Read at ABC7 Los Angeles
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