Court orders Trump administration to justify appeal after judge says Hegseth violated Kelly’s rights

The Trump administration must explain to a circuit court
before the end of March exactly why it appealed a lower court’s ruling
that allows Arizona Democratic Sen. Mark Kelly to keep his retirement
rank and pay while a First Amendment case about the “Don’t Give Up The
Ship” video plays out.

The U.S. Court of Appeals for the District of Columbia Circuit’s order gives the Department of Justice until March 30 to provide a series of documents in its appeal of the district court’s preliminary injunction.

That
ruling, from Senior Judge Richard J. Leon of the District of Columbia
District Court, said Defense Department officials, including Secretary
Pete Hegseth, erred when trying to apply rules that affect active-duty
military members to Kelly, a retired Navy Captain.  

“Secretary
Hegseth relies on the well-established doctrine that military
servicemembers enjoy less vigorous First Amendment protections given the
fundamental obligation for obedience and discipline in the armed
forces,” Leon wrote.
“Unfortunately for Secretary Hegseth, no court has ever extended those
principles to retired servicemembers, much less a retired servicemember
serving in Congress and exercising oversight responsibility over the
military. This Court will not be the first to do so!”

Leon was nominated by former President George W. Bush. 

DOD seeks to downgrade Kelly retirement rank

The lawsuit began earlier this year
after the Defense Department began proceedings to downgrade Kelly’s
retirement rank and pay for appearing in the 90-second video.

The
six Democrats, all of whom are former members of the military or
intelligence agencies, said in the video they understood the people
working in those fields “are under enormous stress and pressure right
now.” 

“Americans trust their military. But that trust
is at risk,” they said. “This administration is pitting our uniformed
military and intelligence community professionals against American
citizens.”

They went on to say the “laws are clear” and
that illegal orders can and must be refused. The video ended with them
saying, “Don’t Give up the Ship,’ a long-held phrase in the U.S. Navy.

The Democrats’ video infuriated President Donald Trump, leading the Defense Department to open an investigation into Kelly.

Justice
Department officials also launched an investigation into Kelly,
Michigan Sen. Elissa Slotkin, Colorado Rep. Jason Crow, Pennsylvania
Reps. Chris Deluzio and Chrissy Houlahan and New Hampshire Rep. Maggie
Goodlander.

The Justice Department failed to get a grand jury to indict the lawmakers earlier this month. 

Kelly cites effects on millions of retired veterans

Kelly
wrote on social media Tuesday, after the Justice Department filed its
appeal on behalf of the Defense Department, that the Trump
administration didn’t “know when to quit.” 

“A federal
judge told Donald Trump and Pete Hegseth that they violated my
constitutional rights and chilled the free speech of millions of retired
veterans,” Kelly wrote. “There is only one reason to appeal that
ruling: to keep trampling on the free speech rights of retired veterans
and silence dissent. I went to war to defend Americans’ constitutional
rights and I won’t back down from this fight, no matter how far they
want to take it.”