Federal Judge Raises Questions Over Legitimacy of Pentagon's Censure of Senator Mark Kelly Over Video Plea for Troops to Resist Unlawful Orders.
US District Judge Richard Leon expressed skepticism on Tuesday over the justification for the Pentagon's censure of Arizona Democrat Senator Mark Kelly, who joined a video plea by fellow lawmakers urging troops to uphold the Constitution and resist unlawful military directives from the Trump administration.
The judge questioned whether there was any US Supreme Court precedent that could justify the Pentagon's actions, stating "You're asking me to do something the Supreme Court has never done. Isn't that a bit of a stretch?" The judge also expressed concerns about the chilling effect on other retirees who may wish to voice their opinions.
Kelly is facing censure from Defense Secretary Pete Hegseth over his participation in a video that urged troops to follow the law, rather than obey unlawful orders. The Pentagon cited a federal law allowing retired service members to be recalled to active duty for possible court-martial or punishment.
However, Kelly's lawyers argue that he was exercising his First Amendment free speech rights and that any attempt by the Pentagon to punish him would be unconstitutional. The judge agreed with this assessment, stating that "any other approach would be to make new law."
Leon hopes to issue a ruling by next Wednesday, after hearing from both sides on the issue.
US District Judge Richard Leon expressed skepticism on Tuesday over the justification for the Pentagon's censure of Arizona Democrat Senator Mark Kelly, who joined a video plea by fellow lawmakers urging troops to uphold the Constitution and resist unlawful military directives from the Trump administration.
The judge questioned whether there was any US Supreme Court precedent that could justify the Pentagon's actions, stating "You're asking me to do something the Supreme Court has never done. Isn't that a bit of a stretch?" The judge also expressed concerns about the chilling effect on other retirees who may wish to voice their opinions.
Kelly is facing censure from Defense Secretary Pete Hegseth over his participation in a video that urged troops to follow the law, rather than obey unlawful orders. The Pentagon cited a federal law allowing retired service members to be recalled to active duty for possible court-martial or punishment.
However, Kelly's lawyers argue that he was exercising his First Amendment free speech rights and that any attempt by the Pentagon to punish him would be unconstitutional. The judge agreed with this assessment, stating that "any other approach would be to make new law."
Leon hopes to issue a ruling by next Wednesday, after hearing from both sides on the issue.
. I mean, come on, the Pentagon's trying to silence Mark Kelly just 'cause he's speaking out about something he genuinely believes in? That's not how we're supposed to work, folks. It's like they think they can just dictate what's acceptable and what's not. And now this judge is questioning whether there's even a precedent for this kind of thing... I'm surprised he didn't say "what's next?" 
. The whole idea that retired service members are being recalled to active duty just because they spoke out is just plain wrong. It's like the military is trying to exert some kinda control over people who've already served their time. And it's not just Kelly - this could be any of us in a similar situation. We need more voices speaking truth to power, not less 
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the judge seems right in saying its a bit of a stretch lol lets keep an open mind here
It's wild that the Pentagon is trying to silence him over this video plea. Like, if they can't handle a little free speech, maybe they're the ones who need some guidance on what it means to be a public servant... 
Does anyone know how many times a senator has been censored in our history? I'd love to see that number 
. I'm not sure what's more concerning, the fact that some folks might be intimidated from speaking out or that our government is trying to silence its own members 
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... Pentagon censuring Senator Kelly over his video plea sounds like overkill 
... what's the big deal? 
... I'm not sure how this affects the rest of us 
... but it's worrying that we might be stifling free speech 
... hope the judge gets to the bottom of it all 
... by next Wednesday, eh? 
. I mean, isn't it just basic First Amendment stuff? The government can't punish someone for speaking out against them unless they're literally saying something super incendiary...
... like they're trying to stifle someone's opinion just 'cause it goes against their agenda 
.
. Mark Kelly's just trying to do his job and speak truth to power, and the Pentagon's all upset? It's like they're in a bad 80s action flick where everyone's trying to take down each other 
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. And that judge, Richard Leon? He seems like a real straight-shooter 
. I just hope he gets a ruling that says "enough is enough" and puts an end to this nonsense