Overview
- U.S. District Judge Richard Leon pressed Justice Department lawyers for any precedent allowing discipline of a retired officer for speech and warned of a potential chilling effect on other retirees.
- Government attorneys argued retirees remain subject to the Uniform Code of Military Justice and urged the court not to interfere, saying Kelly has not exhausted administrative remedies.
- Defense Secretary Pete Hegseth issued a Jan. 5 censure and began a retirement‑grade review that could reduce Kelly’s rank and cut his pension, with the administrative process still underway.
- Kelly’s lawsuit seeks a preliminary injunction, asserting First Amendment and Speech and Debate protections and alleging unconstitutional retaliation for protected political speech.
- Federal prosecutors have contacted other lawmakers who appeared in the video, and Kelly faces a Feb. 16 deadline to respond in the Pentagon process unless the court orders a pause.