Overview
- At Tuesday’s hearing, Judge Richard Leon questioned the Justice Department’s bid to extend active-duty speech restrictions to retirees and noted no Supreme Court precedent supports it.
- Leon said he expects to rule on Kelly’s request to halt the Pentagon’s actions by Feb. 11.
- Defense Secretary Pete Hegseth issued a Jan. 5 censure and launched a retirement‑grade review that could reduce Kelly’s retired rank and pay.
- Kelly’s suit argues violations of the First Amendment, the Constitution’s Speech and Debate Clause, and due process, while the government says retirees remain subject to the Uniform Code of Military Justice.
- Absent a court order, Kelly faces a Feb. 16 deadline to answer the censure as prosecutors separately seek interviews with other lawmakers from the video that the president labeled “seditious.”