A federal appeals court in Washington appeared unlikely to side with Defense Secretary Pete Hegseth in his effort to discipline Senator Mark Kelly over a video the lawmaker created warning military personnel about illegal orders.
The three-judge panel heard arguments Tuesday in the case, which centers on whether the Pentagon can move forward with disciplinary action against Kelly. The senator released the video to highlight what he viewed as improper directives from military leadership.
Kelly's legal challenge argues that such punishment would violate his First Amendment rights and undermine the constitutional protections afforded to members of Congress. The Pentagon's position has been that the video crossed lines regarding military chain of command and proper channels for addressing concerns.
The composition and tenor of the bench suggested limited appetite for Hegseth's position. Judges posed sharp questions to the government's attorneys defending the discipline, with several appearing skeptical that military officials could legitimately punish a senator for public speech on matters of constitutional consequence.
The case reflects ongoing tension between executive branch authority over the military and legislative branch oversight responsibilities. Kelly, an Air Force veteran himself, has framed his video as fulfilling a duty to alert service members to their rights and obligations under military law.
No timeline was provided for the panel's decision. The outcome could set precedent for how broadly the Pentagon can regulate public statements by elected officials on military matters.
Author Sarah Mitchell: "The court's skepticism here signals real doubt about whether Hegseth can make this punishment stick, and that's significant for anyone watching executive overreach in the military chain."
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