A divided federal appeals court panel seemed poised to side with Sen. Mark Kelly (D-Ariz.) in his ongoing battle with the Pentagon.
Judges Cornelia Pillard and Florence Pan of the D.C. Circuit sharply pressed the government on what specific speech triggered the efforts to punish Kelly and whether retired military officers did not enjoy First Amendment protections to criticize the Pentagon.
“Senator Kelly never says the words ‘disobey lawful orders,’” Pillard, an Obama appointee, said. The principle of a duty to refuse illegal orders is “something that is taught at Annapolis.”
