Appeals court signals setback for Hegseth in fight to punish Mark Kelly over 'illegal orders' video

A federal appeals court appeared skeptical on Thursday of Defence Secretary Pete Hegseth’s attempt to punish Democratic Senator Mark Kelly over comments urging US troops to refuse illegal orders.

According to CNN, judges on a three-member panel in Washington questioned arguments from the Justice Department seeking to revive Hegseth’s proposed penalties against Kelly, a retired Navy captain and former astronaut.

“That is something that is taught at Annapolis to every cadet,” Judge Nina Pillard said of Kelly’s remarks in a video posted last year.

Judge Florence Pan added: “These are people who served their country – many put their lives on the line.”

Kelly sued Hegseth in January after the Pentagon announced plans to reduce his retired military rank and issue a letter of censure.

The move followed a video in which Kelly and other Democratic lawmakers with military backgrounds urged service members not to obey unlawful orders.

Justice Department lawyer John Bailey argued that retired military personnel could still face limits on speech if it affected discipline within the armed forces.

Kelly’s lawyer Benjamin Mizer called the proposed punishment “textbook retaliation for disfavored speech”.

Outside court, Kelly warned: “If you say something that the president and this administration does not like, they’re going to come after you.”