https://www.reuters.com/legal/government/us-appeals-court-weighs-pentagon-bid-punish-senator-mark-kelly-2026-05-07/WASHINGTON, May 7 (Reuters) - A U.S. federal appeals court at a hearing on Thursday appeared skeptical that the Trump administration’s could legally punish Democratic U.S. Senator Mark Kelly over public remarks he made urging service members to refuse unlawful orders.Members of a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit expressed criticism of the government’s efforts to censure Kelly, a retired Navy captain and Arizona Democrat, over more than an hour of questioning."These are people who serve their country. Many of them put their lives on the line," Circuit Judge Florence Pan told a Justice Department lawyer. "You're saying that they have to give up their retired status in order to say something that is a textbook example — taught at West Point and the Naval Academy — that you can disobey illegal orders?"Kelly spoke outside the courthouse in downtown Washington after the hearing. "This was a day in court not just for me, but for the First Amendment rights of millions of us," Kelly said.The Pentagon and White House did not immediately respond to requests for comment.Kelly sued the Pentagon in January, alleging the move by Republican President Donald Trump's administration to demote him and reduce his retirement pay was retaliatory and violated the U.S. Constitution’s First Amendment protection of free speech.The Pentagon appealed after U.S. District Judge Richard Leon issued a preliminary injunction blocking the administration in February from pursuing its campaign to censure Kelly.
U.S. Defense Secretary Pete Hegseth moved to sanction Kelly, a former astronaut, after Kelly took part in a November 2025 video amid rising criticism of the Trump administration's deployment of the National Guard in U.S. cities and authorization of lethal strikes on suspected Latin American drug smuggling boats. In the clip, Kelly stated: “Our laws are clear: you can refuse illegal orders.”The government's lawyer told the appeals court on Thursday that the Constitution does not protect speech by military officers who urge disobedience to lawful orders, even if the officer is retired."It's very clear that this is about a pattern and totality of conduct, not any one line or any one statement taken in isolation," Justice Department lawyer John Bailey told the court.Retired officers remain part of the armed forces, are subject to recall to active duty and can influence service members, the Trump administration argued.Kelly’s lawyers countered that the Pentagon’s actions amounted to retaliation against protected political speech on matters of public concern."The punishments imposed on Senator Kelly are textbook retaliation against disfavored speech," Kelly's lawyer, Benjamin Mizer, argued to the appeals court. "The censure letter says on its face that it's targeting the Senator for his public statements."
>>1512873> “Our laws are clear: you can refuse illegal orders.”> The government's lawyer told the appeals court on Thursday that the Constitution does not protect speech by military officers who urge disobedience to lawful ordersYou can’t make this shit up.
Why would he be punished?
>>1512882Orange Autocrat
When is Pete Hegseth going to resign from his post for saying the same thing they're going after Kelly for now?https://www.youtube.com/shorts/cZCTsNSm2xw
>>1512882he's basically insinuating orders are unlawful by default and to railroad/stall and not follow any. when the way it works is you do what you're ordered then courts check afterwards if its illegal
>>1512900No, he’s not.
>>1512900>when the way it works is you do what you're ordered then courts check afterwards if its illegalThis literally defeats the whole point of the "Do not obey illegal orders" part of their code lmao. Does boot leather really taste that good?
>>1512912and how do you determine if its illegal? your fucking fairy god mother? imagine a world where you needed confirmation from the courts before being able to take any action. its not my fault ur an illiterate retard>>1512908ya he is he's insinuating its all illegal.
>>1512937>ya he is he's insinuating its all illegal.No he's not and all he said was "do not obey illegal orders" which is in the code.>and how do you determine if its illegal? your fucking fairy god mother?There are certain orders that literally cannot be legal. For example; deliberate mass killing of civilians. Or say, execution of stranded sailors.You do understand under the "do it first, ask questions later" logic the president can literally order the deaths of his political opponents and then any judges who would hear the case, right? That's not how any of this works.
>>1512937>ya he is he's insinuating its all illegal.Fucking how? Tell me.
>>1512941>deliberate mass killing of civilians. Or say, execution of stranded sailors.wow so clear and obvious amazing amazing, now tell me when trump gives orders like that and not things that are borderline.are you fucking stupid?
>>1512949>now tell me when trump gives orders like thatThat already happened. It's what prompted Kelly and Co. to make that video.
>>1512949Bombing schools and fishing boats are both clearly illegal. If you receive an order to bomb one of those examples it is your duty to not follow that order
>>1512951terrorist hideouts and drug boats anon. its not hard to make a case for it."both clearly illegal" are you fucking for real?Oh so i guess everyone should just hideout in a school from now on whenever a war happens all military and members of command should go there because schools are now literal sanctuaries.
>>1512952>its not hard to make a case for it.And? It's still illegal. Don't do illegal things.>all military and members of command should go there because schools are now literal sanctuaries.That would also be illegal. Don't do illegal things.
>>1512952>are you fucking for real?Liggerals haven't been "for real" for almost a decade now.
>>1512952Why don't they make a case for this one by releasing the footage?https://courthousenews.com/hegseth-clips-congressional-wings-in-probe-of-double-tap-venezuela-boat-strike/
>>1512952doesn't west point say those things are illegal?
>>1512884TDS. Seek professional help, you are not well.
>>1512952>terrorist hideoutsThe school was literally not a terrorist hideout. The admin isn't even claiming that, nutbag.>drug boats1. Executing drug runners is illegal actually2. Executing stranded sailors is double illegal
>>1512964How much is gas by you or do you just never leave the house?
>>1512986ESL shill
>>1512952Places of worship are sanctuaries. I think the problem is that the US and Israel don't want to follow the etiquette of combat, and they aren't willing to admit it.But yes if an enemy runs inside a place of worship they are entitled to sanctuary.
>>1512952people don't sign up for the military to bomb little girls anon
>>1512987you can't admit you were wrong because you're a retard.gas is over 4.50$/gal on average. in may of 2023 under joe biden it was 3.55$/gal. 2024? 3.60$/gal.that sounds like picking a fight with iran had a direct economic outcome in the form of gas prices rises on average by a dollar a gallon more. that's not trump derangement syndrome. that's basic economics. something people that don't understand basic biology wouldn't be able to understand.yall cried about the cost of groceries under joe biden, but now you don't care?that's not trump derrangement syndrome. that's republican hypocrisy.
>>1512952I know you mentioned sanctuaries to move past sanctuaries. How many synagogues, churches, and mosques has Iran targeted in this war?
>>1512952>terrorist hideouts and drug boats anon. its not hard to make a case for it.Proof?
The boat strikes were hitting civilians who weren't drug dealers.https://www.theguardian.com/global-development/2026/apr/21/ecuador-us-boat-strike-survivorshttps://www.commondreams.org/news/boat-strike-survivorshttps://www.undercurrentnews.com/2026/04/14/ecuadorian-tuna-fishing-vessels-rescued-crew-claims-drone-attack/
>>1512991and you'll be spared from future 9/11s and october 7 attacks is your life worth so little you'd put it under a dollar?ahh the democrat hypocrisy is amazing.Eggs were 15$ per dozen under joe biden but funny how you ignore thatand now they're back to normal prices
>>1513015God you're esl
>>1513015>and you'll be spared from future 9/11s and october 7 attacks is your life worth so little you'd put it under a dollar?Holy fucking ESL
>>1513012And wouldn't the cartels force people to work on those boat?
>>1513035Let’s see some proofs
>>1513035ESL moment
