Photo by Gage Skidmore
BY AZ MIRROR
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.
