A defiant Sen. Mark Kelly (D-AZ) appeared in court Thursday to take on the Pentagon's attempts to demote him.
The case stems from his role in a video in which he urged U.S. servicemembers to not follow illegal orders.
A three-judge panel heard the arguments earlier today. And it appears as if a majority of the judges here are prepared to side with Senator Mark Kelly and reject the arguments of Trump administration officials that he should be punished, punished for video that he made last year.
In the video, Sen. Kelly and other lawmakers emphasize that members of the military are allowed to refuse illegal orders.
Members of the administration, including President Donald Trump, were very critical of the video. President Trump alleged it was seditious behavior that was punishable by death. Defense Secretary Pete Hegseth also moved to reduce the rank of Sen. Kelly, who retired from the Navy as a Captain.
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In one instance on Thursday, judges challenged a DOJ attorney as to why Sen. Kelly should not be able to speak his mind.
"Retirees are part of the armed services," the attorney said. "As a formal matter, they have ongoing obligations as well as privileges and benefits. They can be recalled to active duty and through their words and actions, they can undermine good order and discipline."
Sen. Kelly, meanwhile, has said he will not be silenced.
"After 25 years in the Navy, I've given too much to this country to be silenced by an administration that does not want to be held accountable," he said outside the courtroom on Thursday. "This was a day in court not just for me, but for the First Amendment rights of millions of us. The president and the secretary of defense picked the wrong guy. Because when it comes to our most fundamental rights, I will not back down."
The judges did not issue a decision on Thursday. The specific timeline of the case is unknown and may continue for weeks or months.
