Judge presses DOJ lawyers for a precedent for Pentagon to punish Sen. Mark Kelly over video
ABC News
Judge sharply questioned DOJ lawyers for a legal precedent for the Pentagon's attempt to punish Democratic Sen. Mark Kelly, a frequent critic of President Donald Trump.
A federal judge on Tuesday sharply questioned Justice Department lawyers whether there was a legal precedent for the Defense Department's attempt to punish Democratic Sen. Mark Kelly, a frequent critic of President Donald Trump.
Kelly, a retired Navy captain and former astronaut, is seeking an injunction against the Pentagon for threatening to demote him in rank and reduce his military retirement benefits because of a video he made with other Democratic members of Congress who had served in the military or national security that urged troops not to comply with illegal orders.
In a closed-courtroom hearing, Judge Richard J. Leon, who was nominated to the D.C. District Court by President George W. Bush, pressed the Trump administration's legal team on whether the government had the power to take such action.
“You’re asking me to do something the Supreme Court or the DC Circuit has never done,” Leon told a Justice Department lawyer defending the Pentagon’s efforts.
Leon said he is aiming to make a decision on Kelly's request for a preliminary injunction by Feb. 11.
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