Overview
- The Justice Department asked the D.C. Circuit to review a Feb. 12 order that blocked Defense Secretary Pete Hegseth’s effort to punish Sen. Mark Kelly.
- Judge Richard Leon found Kelly likely to prevail on his free-speech claim and barred any enforcement that would cut his retired rank or pension during the lawsuit.
- Hegseth had issued a formal censure and opened a retirement‑grade review after Kelly appeared in a November video urging service members not to follow unlawful orders.
- A Washington grand jury this month declined to indict the lawmakers involved after the U.S. Attorney for D.C. sought charges over the video.
- The appeal centers on whether military speech restrictions for active-duty personnel can be applied to retirees, including legislators with oversight responsibilities.