Judge skeptical of Pentagon's efforts to punish Democratic Sen. Mark Kelly over "illegal orders" video
CBSN
A federal judge on Tuesday expressed skepticism over the Pentagon's effort to downgrade the pay and rank of Democratic Sen. Mark Kelly of Arizona after he publicly urged service members not to follow unlawful military orders.
A federal judge on Tuesday expressed skepticism over the Pentagon's effort to downgrade the pay and rank of Democratic Sen. Mark Kelly of Arizona after he publicly urged service members not to follow unlawful military orders.
Kelly, a retired Navy captain, previously sued Defense Secretary Pete Hegseth in mid-January, saying he is the target of "extreme rhetoric and punitive retribution" by the Trump administration over a video in which he and five other Democratic lawmakers urged members of the military to "refuse illegal orders."
Following the video's release in November, Kelly received a censure letter in early January from Hegseth which claimed the senator's public criticism undermined the chain of command, counseled disobedience among the ranks and represented conduct unbecoming of an officer. The Navy later followed up with a letter saying his retirement pay grade would be re-evaluated.
In a 45-minute court hearing on Tuesday, U.S. District Judge Richard Leon appeared concerned by the Justice Department's arguments that the speech limitations customarily imposed on active-duty military officers to promote discipline and obedience was being extended to include retired service members like Kelly.
"That's never been done," Leon told Justice Department attorney John Bailey, adding that the government did not have a single case to support the argument.
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