Judge seems skeptical of legal justification for Pentagon’s punishment of Sen. Mark Kelly

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By MICHAEL KUNZELMAN

WASHINGTON (AP) — A federal judge said Tuesday that he knows of no U.S. Supreme Court precedent to justify the Pentagon’s censuring of a sitting U.S. senator who joined a videotaped plea for troops to resist unlawful orders from the Trump administration.

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Sen. Mark Kelly had a front-row seat in a courtroom as his attorneys urged U.S. District Judge Richard Leon to block the Pentagon from punishing the Arizona Democrat, a retired U.S. Navy pilot. Leon didn’t immediately rule from the bench on Kelly’s claims that Pentagon officials violated his First Amendment free speech rights.

But the judge appeared to be skeptical of key arguments that a government attorney made in defense of Kelly’s Jan. 5 censure from Defense Secretary Pete Hegseth.

“You’re asking me to do something the Supreme Court has never done,” the judge told Justice Department attorney John Bailey. “Isn’t that a bit of a stretch?”

Bailey argued that Congress decided that retired military service members are subject to the same Uniform Code of Military Justice that applies to active-duty troops.

“Retirees are part of the armed forces,” Bailey said. “They are not separated from the services.”

Benjamin Mizer, one of Kelly’s lawyers, said they aren’t aware of any ruling to support the notion that military retirees have “diminished speech rights.” And he argued that the First Amendment clearly protects Kelly’s speech in this case.

“And any other approach would be to make new law,” Mizer added.

Leon, who was nominated to the bench by Republican President George W. Bush, said the Pentagon’s actions against Kelly could have a chilling effect on “many, many other retirees who wish to voice their opinion.”

The judge said he hopes to issue a ruling by next Wednesday. Kelly shook hands with two government attorneys after the hearing.

In November, Kelly and five other Democratic lawmakers appeared on a video in which they urged troops to uphold the Constitution and not to follow unlawful military directives from the Trump administration.

Republican President Donald Trump accused the lawmakers of sedition “punishable by DEATH” in a social media post days later. Hegseth said Kelly’s censure was “a necessary process step” to proceedings that could result in a demotion from the senator’s retired rank of captain and subsequent reduction in retirement pay.

The 90-second video was first posted on a social media account belonging to Sen. Elissa Slotkin. Reps. Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan also appeared in the video. All of the participants are veterans of the armed services or intelligence communities.

The Pentagon began investigating Kelly in late November, citing a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other punishment.

Hegseth has said Kelly was the only one of the six lawmakers to be investigated because he is the only one who formally retired from the military and still falls under the Pentagon’s jurisdiction.

Opinion: Mayor’s Advisory Committee on the Judiciary Needs More Than Lawyers

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“While legal expertise is invaluable, evaluating judicial candidates also requires understanding the real-world context in which judges serve. Fathers who have navigated Family Court can provide firsthand knowledge of how the system affects families—perspective that no resume alone can capture.”

Family court in lower Manhattan. (Adi Talwar/City Limits)

In early January, Mayor Zohran Mamdani announced via a press release the appointment of Ali Najmi, Esq. as chair of the Mayor’s Advisory Committee on the Judiciary (MACJ), a little-known judicial body responsible for recruiting, screening, evaluating, and recommending candidates to the mayor for city court appointments, including child support judges.

The press release highlighted Mr. Najmi’s commitment to making the judicial selection process more inclusive. This includes engaging a broader segment of the legal community, such as public defenders, attorneys representing parents and children in Family Court, and those working in indigent legal services. While encouraging, true inclusivity presents an opportunity to strengthen the commission further by including parents—particularly fathers—whose lives are directly shaped by child support court decisions.

The MACJ currently has 19 members: nine are directly selected by the mayor, including the committee chair, and 10 are appointed from nominations by other entities—four by the chief judge of the New York Court of Appeals, four by the presiding justices of the First and Second Judicial Departments (two each), and two by law school deans.

Mamdani’s Executive Order No. 6, which revitalized the MACJ, allows appointees to be New York City residents, individuals who work in the city, or those with strong ties to the city’s legal community. The order also says committee membership “shall reflect the full breadth of the legal profession” and include experience in areas such as criminal defense, family law, representation of parents and children in Family Court, civil rights, indigent legal services, and complex civil litigation.

While legal expertise is invaluable, evaluating judicial candidates also requires understanding the real-world context in which judges serve. Fathers who have navigated Family Court can provide firsthand knowledge of how the system affects families—perspective that no resume alone can capture. Notably, the executive order says committee membership “shall reflect the full breadth of the legal profession,” not that it must be limited to it. This distinction allows the mayor to include nontraditional but highly relevant voices—such as representatives from fatherhood and shared parental rights organizations—especially as the administration commits to broader outreach and inclusion.

Fatherhood organizations bring community-based insight into how families experience judicial decisions in Family Court. This perspective is a legitimate and necessary qualification for advisory work. Advisory bodies benefit from multiple viewpoints, especially when court decisions affect everyday people. One non-judicial example is the inclusion of community councils in selecting precinct commanders for local police stations. Each council, mostly made up of non-law enforcement members, uses civilian experience to evaluate candidates and ensure the public is treated with courtesy and respect.

Similarly, judicial temperament and fairness cannot be judged by legal credentials alone. People with lived experience can see how judges treat parents, people representing themselves in court, and other vulnerable populations. Someone who works daily with fathers navigating Family Court can spot red flags or strengths not visible on a resume—hidden ideas about parental roles, intolerance toward people representing themselves, or a lack of understanding of working parents’ economic realities.

Fatherhood representatives can also notice strengths in candidates: patience and clarity when addressing parents representing themselves, encouraging cooperative co-parenting, and distinguishing high-conflict disputes from real risks to children. These insights complement legal expertise, helping MACJ recommend judges who are both legally competent and aware of families’ real-world needs.

So how could fatherhood representatives be included in the MACJ? As mayor, Mamdani controls the nine direct appointments. He could invite organizations that advocate for shared parental rights to recommend candidates for some of these seats—groups such as Real Dads Network in East Harlem, The Dad Gang in the Bronx, and other fatherhood organizations doing vital work citywide. Law school deans, who nominate two members, could also consider recommending paralegals who work with families in court. While not licensed attorneys, paralegals bring practical legal knowledge and firsthand insight into how judges interact with parents and vulnerable populations, ensuring real-world perspectives are included.

Including fatherhood and shared parental rights representatives alongside legal professionals would help the MACJ recommend judges who are not only legally qualified but also fair, balanced, and aware of the realities families face daily. True inclusivity in judicial selection is more than a policy goal—it is an opportunity to strengthen fairness, equity, and public trust in our city’s courts.

Leon Tulton is a member of Real Dads Network, a not-for-profit organization whose mission is to strengthen the institution of the family by empowering fathers through support, resources, and advocacy.

The post Opinion: Mayor’s Advisory Committee on the Judiciary Needs More Than Lawyers appeared first on City Limits.

China to ban hidden door handles on cars starting 2027

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By CHAN HO-HIM

HONG KONG (AP) — China will ban hidden door handles on cars, commonly used on Tesla’s electric vehicles and many other EV models, starting next year.

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All car doors must include a mechanical release function for handles, except for the tailgate, according to details released by China’s Ministry of Industry and Information Technology on Monday.

Officials said the policy aims to address safety concerns after fatal EV accidents where electronic doors reportedly failed to operate and trapped passengers inside vehicles.

The new requirement will take effect on Jan. 1, 2027. For car models that were already approved, carmakers will have until Jan. 1, 2029, to make design changes to match the regulations.

Vehicles including Tesla’s Model Y and Model 3, BMW’s iX3, and other models by many Chinese brands feature retractable car door handles that could be subject to the new rules.

Chris Liu, a Shanghai-based senior analyst at technology research and advisory group Omdia, said the global impact of China’s new rules could be substantial and other jurisdictions may follow suit on retractable door handles. Carmakers will be facing potentially costly redesigns or retrofits.

“China is the first major automotive market to explicitly ban electrical pop-out and press-to-release hidden door handles,” he said. “While other regions have flagged safety concerns, China is the first to formalize this into a national safety standard.”

This photo shows a general view of the handle of a Tesla Model YL electric vehicle inside a showroom in Beijing on February 3, 2026. China will ban hidden door handles on cars sold in the country from next year, phasing out the minimalist design popularised by Tesla over safety concerns. (Photo by Pedro Pardo / AFP via Getty Images)

It’s likely that regulators in Europe and elsewhere will reference or align with China’s approach, Liu said. The new requirements would impact premium EVs more as retractable door handles “are treated as a design and aerodynamic statement,” he added.

A draft of the proposed rules was published by China’s Ministry of Industry and Information Technology in September for public comment.

Last year, the U.S. National Highway Traffic Safety Administration opened an investigation into cases where Tesla’s electronic door handles reportedly failed to work.

PepsiCo plans price cuts as demand for its drinks and snacks slips

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By DEE-ANN DURBIN

PURCHASE, NY (AP) — PepsiCo is cutting prices on Lay’s, Doritos, Cheetos and Tostitos chips this year to win back customers exasperated by years of price hikes.

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“For some consumers, low- and middle-income consumers, the biggest friction they have today in our category… is affordability,” PepsiCo Chairman and CEO Ramon Laguarta said Tuesday during a conference call with investors. “So we have been testing multiple ways to give them affordability.”

PepsiCo has leaned on price increases as the cost of packaging, ingredients and transportation rose. In the fourth quarter, PepsiCo hiked prices by 4.5% globally. Prices for PepsiCo beverages rose 7% in North America, while prices for the company’s snacks ticked up 1%.

That has pumped up revenue, including in the most recent quarter. PepsiCo said its net revenue rose 5.6% to $29.3 billion in the October-December period. That was higher than the $28.9 billion Wall Street was expecting, according to analysts polled by FactSet.

But the price hikes have also weakened demand, and consumers have begun swapping out brands they are familiar with for cheaper versions or cutting back altogether.

Volumes for PepsiCo snacks like Doritos and Cheetos fell 1% in the most recent quarter. North American beverage volumes dropped 4%. Globally, PepsiCo said beverage volumes rose 1% while food volumes fell 2%.

SAN ANSELMO, CALIFORNIA – APRIL 23: Packages of Doritos chips are displayed on a store shelf on April 23, 2025 in San Anselmo, California. Health and Human Services Secretary Robert F. Kennedy Jr. announced plans to phase out all artificial dyes from the food supply by the end of 2026. The Food and Drug Administration is directing the food industry to replace petroleum-based synthetic dyes with natural alternatives. (Photo by Justin Sullivan/Getty Images)

Laguarta said PepsiCo began testing price cuts in some markets in the second half of last year and found that they helped boost sales.

“Volume return is pretty good, and that’s what the category needs,” Laguarta said.

PepsiCo said in December that it planned to cut prices and trim nearly 20% of its product offerings as part of a deal with activist investor Elliott Investment Management.

Elliott, which took a $4 billion stake in PepsiCo in September, has been prodding the company’s board to make changes, saying PepsiCo was being hurt by slowing growth and lower profits in its North American food and beverage business.

In addition to price cuts, PepsiCo plans to accelerate the introduction of new offerings with simpler and healthier ingredients, including Gatorade Lower Sugar and Simply NKD Cheetos and Doritos, which contain no artificial flavors or colors. Lay’s potato chips will soon introduce versions made with avocado oil and olive oil.

Bottles of Mountain Dew are displayed for sale at Hawthorne Market on Tuesday, Jan. 6, 2026, in Portland, Ore. (AP Photo/Jenny Kane)

Laguarta said younger households, in particular, love PepsiCo’s products but won’t shop the category unless the company offers versions without artificial ingredients.

PepsiCo is also responding to growing demand for functional ingredients like protein and fiber. Among its new products are Doritos Protein and Pepsi Prebiotic, which it said sold out within 30 hours after its introduction on Black Friday. PepsiCo said the soda will soon be available across the U.S.

Adjusted for one-time items, PepsiCo earned $2.26 per share in the fourth quarter. That was also higher than analysts expected. Net income attributable to the company of $2.54 billion, or $1.85 per share, is up from $1.52 billion, or $1.11 per share, during the same period last year.

Shares rose 2.5% in morning trading Tuesday.