A federal judge on Tuesday questioned whether the Pentagon has legal authority to censure Democrat Mark Kelly , a sitting U.S. senator who appeared in a video urging service members to resist unlawful orders from the Trump administration. U.S. District Judge Richard Leon, appointed to his post by former Republican President George W. Bush , said he was unaware of any U.S. Supreme Court precedent that would justify punishing Kelly, a retired Navy pilot, for his participation in the recording.