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● InformationalCivil Rights / Liberties

Appeals court appears poised to reject Hegseth's bid to punish Mark Kelly over 'illegal orders' video

Kelly is challenging Hegseth’s plan to reduce his retired military rank and censure him over his video about illegal orders.

Appeals court appears poised to reject Hegseth's bid to punish Mark Kelly over 'illegal orders' video
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This article1 analysis · Oct 7, 2026
CNN
May 7, 2026
tl;dr

A federal appeals court panel appeared skeptical of the Justice Department’s effort to revive Defense Secretary Pete Hegseth’s plan to discipline Sen. Mark Kelly over a video urging service members not to obey illegal orders. The case tests free-speech protections for retired military members.

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

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Mark Kelly
D · AZ · SEN

Senator challenging the Pentagon’s proposed disciplinary action

PRIMARY SUBJECT
Pete Hegseth
R · Secretary of Defense

Defense secretary whose proposed action against Kelly is being challenged

Hegseth's version of this story ↗
Donald Trump
R · President of the United States

President whose administration’s actions and criticism of Kelly are discussed

Former president identified as Judge Pan’s appointing president

ALSO MENTIONED  Barack Obama, Former president identified as Judge Pillard’s appointing president; George H. W. Bush, Former president identified as Judge Henderson’s appointing president

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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