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Retired Service Members

All articles tagged with #retired service members

Judge questions Pentagon bid to punish Sen. Mark Kelly over 'illegal orders' video
politics2 months ago

Judge questions Pentagon bid to punish Sen. Mark Kelly over 'illegal orders' video

A federal judge expressed skepticism about the Pentagon's effort to downgrade Sen. Mark Kelly's retirement pay and rank after he urged service members to refuse unlawful orders, saying extending active-duty speech restrictions to retirees is unprecedented; Kelly's lawyers argue a First Amendment violation and possible immunity under the Speech and Debate Clause, with a ruling anticipated by Feb. 11.

Judge Signals Favor for Kelly in Pentagon Speech-Rights Battle
politics2 months ago

Judge Signals Favor for Kelly in Pentagon Speech-Rights Battle

A federal judge in Washington expressed sympathy toward Senator Mark Kelly in his lawsuit challenging the Pentagon’s plan to discipline him for urging service members to refuse illegal orders, indicating he may not embrace expanding First Amendment protections to retirees. The DOJ argued the court should avoid military discipline questions, while Kelly’s team warned of a possible chilling effect on speech by current and former service members. Judge Richard Leon said a decision on Kelly’s request to block the Pentagon’s actions, which could include downgrading his retirement rank and issuing a censure, could come by February 11.