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Pentagon is adamant to censure Mark Kelly, but Federal appeals court has just thrown a wrench in the plan

Kelly is challenging the Pentagon’s effort to censure him over a video about refusing illegal orders.

Pentagon is adamant to censure Mark Kelly, but Federal appeals court has just thrown a wrench in the plan
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This article1 analysis · Oct 7, 2026
tl;dr

A federal appeals court panel questioned the Pentagon’s effort to censure Senator Mark Kelly over a video urging service members to refuse illegal orders. The appeal follows a lower-court order blocking the punishment while Kelly’s lawsuit proceeds.

Community verdict

VOTING CLOSED
How does this story look for
Mark Kelly D · AZ · SEN
NOT RATEDCLOSED

No good or bad look here

This story reports what happened without casting Kelly in a good or bad light, so readers don’t rate it and it doesn’t count toward Kelly’s record.

● INFORMATIONAL

People in this story

SWIPE →
Mark Kelly
D · AZ · SEN

Arizona senator challenging the Pentagon’s effort to censure him

PRIMARY SUBJECT
Elissa Slotkin
D · MI · SEN

Senator who participated in the video

Pete Hegseth
R · Secretary of Defense

Defense secretary who announced the Pentagon’s proceedings against Kelly

Former president identified as Judge Pan’s appointing president

Representative who participated in the video

Representative who participated in the video

Representative who participated in the video

Jason Crow
D · CO-6

Representative who participated in the video

ALSO MENTIONED  Barack Obama, Former president identified as Judge Pillard’s appointing president; Cornelia Pillard, U.S. Court of Appeals for the D.C. Circuit judge; Florence Pan, U.S. Court of Appeals for the D.C. Circuit judge

Part of a bigger story

8 OUTLETS
Appeals Court Hears Mark Kelly's Challenge to Pentagon Discipline

A federal appeals court panel questioned the Pentagon’s effort to discipline Mark Kelly over remarks urging service members to refuse unlawful orders. Kelly is challenging the effort in court. Center outlets and right-leaning outlets both emphasize judges’ skepticism; center outlets frame the hearing as a test of government authority over a retired officer’s speech, while right-leaning outlets also note that one judge was more receptive to the government’s position.

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