Judge Poised to Limit Hegseth’s Authority to Penalize Kelly Over Video

A federal judge may soon limit the authority of Defense Secretary Pete Hegseth regarding Senator Mark Kelly’s disciplinary actions. This potential ruling stems from a controversy involving a video released by Kelly and five other Democratic Congress members. In the video, they encouraged military personnel to refuse illegal orders. The judge’s preliminary hearing emphasized the importance of free speech, particularly for legislators.

Background of the Case

Senator Mark Kelly, a Democrat from Arizona, has faced potential disciplinary measures from Hegseth following his remarks about military orders. Hegseth accused Kelly, a retired military officer, of sedition and undermining military discipline. The Secretary initiated a review that could lead to a reduction in Kelly’s retirement rank and pension.

Judge Leon’s Concerns

During the hearing, Judge Richard J. Leon, appointed by former President George W. Bush, questioned the government’s request. He indicated that extending free speech restrictions from active-duty service members to retirees breaks with precedent. Judge Leon expressed concern over punishing a member of Congress for statements related to legislative duties, hinting that he might issue a temporary ruling soon.

Arguments Presented

• Kelly’s Legal Team: They argued that punishing him would infringe upon the separation of powers. They emphasized that his comments regarding military protocol and Hegseth’s policies were protected under the Constitution.
• Government’s Stance: The administration contended that Kelly’s status as a military retiree still subjects him to potential disciplinary actions. They asserted that his speech could undermine military authority.

Potential Implications

Judge Leon acknowledged that a decision against blocking the disciplinary review could set a precedent affecting many retired military personnel. His comments suggested that chilling effects on free speech are a significant concern in this case.

Next Steps

Kelly’s attorney, Benjamin C. Mizer, urged the judge to act quickly to prevent the Defense Department from taking further action while the case is under review. Judge Leon hinted that he would address the novel legal arguments raised during the hearing. Regardless of his ruling, it is anticipated that the case will be appealed, highlighting its importance for free speech rights among veterans.

Senator Kelly reiterated that the essence of the case is about the freedom to speak out against government actions. “A lot is at stake,” he said, emphasizing the potential impact on retired service members’ rights to express their views.