Overview
- In a 52-page filing, the Justice Department asked a federal judge to deny Mark Kelly’s bid to halt the Defense Department’s retirement-grade review over his November “illegal orders” video.
- Government attorneys argue a retired officer has no First Amendment right to encourage troops to question orders and say his public comments are not protected by the Speech or Debate Clause.
- Senior Judge Richard J. Leon scheduled a hearing for Wednesday, with the possibility of a ruling from the bench or a written order afterward.
- Defense Secretary Pete Hegseth earlier issued a censure and directed the Navy to recommend whether to downgrade Kelly’s retired rank, a move that could reduce his pension benefits.
- Kelly has sued to block the Pentagon action and told CNN he is considering a 2028 presidential campaign, while he reports threats to his family that have brought police patrols to their homes.