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D.C. Circuit seems disinclined to let Pete Hegseth punish Mark Kelly for his speech

Hegseth is appealing an injunction that blocks disciplinary action against Kelly over the senator’s public statements.

D.C. Circuit seems disinclined to let Pete Hegseth punish Mark Kelly for his speech
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Outlet credibilityReason61/100 MEDIUM
This article1 analysis · Oct 7, 2026
Reason
May 8, 2026
tl;dr

At oral arguments in Mark Kelly’s lawsuit, two D.C. Circuit judges questioned the government’s argument that the Defense Secretary can discipline the retired senator for speech about refusing illegal orders. A third judge was more receptive to the government’s position.

Community verdict

10 VOTES
How does this story look for
Pete Hegseth R · Secretary of Defense

Counts every outlet’s report of this story. See all 5

● OPEN
  • Readers of left-leaning coverage: 25% good look
  • Readers of right-leaning coverage: not enough votes yet
Votes cast on this page

Votes cast on this page: ▲ 2 · ◆ 2 · ▼ 6

People in this story

SWIPE →
Pete Hegseth
R · Secretary of Defense

Defense Secretary seeking to discipline Kelly for his speech

PRIMARY SUBJECT
Mark Kelly
D · AZ · SEN

Senator challenging disciplinary action over his speech

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

President; his administration and military deployments are discussed in relation to Kelly’s speech

Former President; identified as the appointing president of Judge Florence Pan

ALSO MENTIONED  Barack Obama, Former President; identified as the appointing president of Judge Nina Pillard; Florence Pan, D.C. Circuit judge; George H.W. Bush, Former President; identified as the appointing president of Judge Karen Henderson; George W. Bush, Former President; identified as the appointing president of Judge Richard Leon; Karen Henderson, D.C. Circuit judge; Nina Pillard, D.C. Circuit judge; Richard Leon, U.S. district judge who issued the preliminary injunction

Part of a bigger story

3 OUTLETS
D.C. Circuit Hears Hegseth Appeal Over Discipline of Mark Kelly

Outlets agree that the D.C. Circuit heard arguments over Hegseth’s effort to discipline Mark Kelly for a video urging service members not to obey illegal orders; judges appeared skeptical of the government’s position. Center outlets emphasize the panel’s apparent inclination to uphold the ruling against discipline and present the case as a free-speech dispute. Right-leaning outlets frame the hearing more specifically as a test of Hegseth’s authority to punish Kelly for speech, while noting that one judge was more receptive to the government.

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