US Defense Secretary Pete Hegseth issued a censure letter on January 5, asserting that Kelly had, “clearly intended to undermine good order and military discipline,” in violation of military rules that apply to both active and retired personnel.
Trump administration lawyers had urged the judge to dismiss Kelly’s lawsuit, calling it a, “quintessential matter of military discipline not within the judiciary’s purview,” in a recent court filing.
The Trump administration has also called the lawsuit premature, saying Kelly has not yet been formally censured and should have responded to Hegseth’s allegations through administrative channels.
(Reporting By Jan Wolfe; Editing by Bill Berkrot)