EXCLUSIVE: Pete Hegseth Dragged Into Appeal Over Pentagon's COVID Mask Mandate — Soldier Refuses to Let Case Die After Judge Tossed Lawsuit
Defense Secretary Pete Hegseth has been named in a federal appeal stemming from a soldier’s legal battle over the Pentagon’s COVID-era mask mandate.
Pete Hegseth has been dragged into a newly docketed federal appeal stemming from a soldier's years-long battle over the Pentagon's controversial COVID-era mask mandate, RadarOnline.com can reveal.
According to court records obtained by Radar, plaintiff Philip Traugott Buckler filed an appeal that was formally docketed in the U.S. Court of Appeals for the Fifth Circuit on October 2, just weeks after his case against the Department of Defense and other federal officials was dismissed.Pete Hegseth Named in Federal AppealHegseth is named as a defendant in his official capacity as Secretary of Defense, alongside other government officials and the Department of Defense itself.
The dispute dates back to the military's pandemic-era COVID policies and Buckler's challenge to the Pentagon's mask requirements.
Buckler sued after facing consequences connected to his refusal to comply with the mandate, seeking relief that included protection from adverse action and the removal of unfavorable personnel records. But the legal landscape dramatically shifted while the litigation was underway.COVID Mandate Battle Refuses to DieThe Pentagon's mask requirement was rescinded, Buckler's involuntary separation proceedings were terminated, and the disputed unfavorable records were removed. Those developments ultimately proved fatal to his case at the district court level.
A federal judge determined that because the actions Buckler challenged were no longer in effect and he had obtained key portions of the relief he sought, there was no longer a live controversy for the court to resolve. The case was dismissed without prejudice in September.
Buckler, however, is refusing to let the fight end there. The Fifth Circuit docket confirms his notice of appeal has now opened a new chapter in the legal battle, with Buckler listed as the appellant and Hegseth among the appellees.Pentagon Fight Lands on Pete Hegseth's DeskThe case arrives as Hegseth continues to face a series of legal challenges involving Defense Department policies and decisions, making the Pentagon chief a recurring presence in federal court litigation.
However, Buckler's dispute predates Hegseth's tenure at the Pentagon, and Hegseth is involved because of his current role as Defense Secretary rather than because of any alleged personal involvement in the original COVID-era decisions.
Buckler's decision to appeal means the Fifth Circuit could now be asked to consider whether the lower court was correct to end the case after the Pentagon reversed the measures at the center of his lawsuit.Appeal Opens New ChapterFor now, the appellate docket remains in its earliest stages.
The October 2 entry states that the civil case was docketed following Buckler's notice of appeal, meaning the substantive arguments over why he believes the dismissal should be overturned are still expected to unfold before the appeals court.
The appeal nevertheless ensures a legal fight born out of the Pentagon's pandemic policies will continue, this time with Hegseth's name attached to the case as the department's current leader.
