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US appeals court appears skeptical of Pentagon bid to punish Mark Kelly

Kelly is challenging the Pentagon's effort to censure him over remarks urging service members to refuse unlawful orders.

US appeals court appears skeptical of Pentagon bid to punish Mark Kelly
Image · The Guardian

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Outlet credibilityThe Guardian83/100 HIGH
This article1 analysis · Oct 7, 2026
May 7, 2026
tl;dr

A federal appeals court panel questioned the Trump administration’s legal basis for punishing Senator Mark Kelly over remarks urging service members to refuse unlawful orders. The case concerns whether the Pentagon can sanction Kelly for speech made while retired from the Navy.

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

Senator challenging the Pentagon's effort to censure him

PRIMARY SUBJECT
Donald Trump
R · President of the United States

President whose administration pursued sanctions against Kelly

Pete Hegseth
R · Secretary of Defense

Defense secretary who moved to sanction Kelly

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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