Overview
- Justice Department lawyers asked the D.C. Circuit to review a Feb. 12 order by U.S. District Judge Richard Leon that blocked Pentagon penalties against Kelly.
- The injunction remains in effect during the appeal, preventing a planned censure, a retirement-grade demotion, and a reduction in Kelly’s military pension.
- Judge Leon wrote that Kelly is likely to succeed on First Amendment grounds and said the Pentagon’s actions threatened the constitutional liberties of millions of military retirees.
- A Washington, D.C., grand jury earlier declined to indict Kelly and five other lawmakers who appeared in the 90‑second video first posted by Sen. Elissa Slotkin.
- Kelly condemned the appeal as an attempt to silence retirees’ speech, while the filing was made on behalf of Defense Secretary Pete Hegseth, the Pentagon and the Navy.