A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit hears arguments in a lawsuit challenging the Pentagon’s planned discipline of Sen. Mark Kelly (D-Ariz.) for a video. The dispute centers on the Department of Defense’s contention that Kelly, a retired Navy captain, remains subject to military punishment. The panel questions whether the Pentagon has the legal basis to censure Kelly and to lower his retirement rank tied to the video. During the hearing, the judges press the government on its claims and the scope of any authority to impose punishment on a former service member in this context. The case seeks to prevent the Pentagon from taking disciplinary action over Kelly’s warning in the video about potentially illegal military orders. Both outlets report that the judges’ questions indicate skepticism about the government’s position and that the court may be unlikely to permit the Pentagon to proceed with the contemplated sanctions.