Defense Secretary Challenges Court Order Protecting Sen. Kelly's Free Speech Rights

WASHINGTON — The Pentagon is taking its legal battle with Arizona Senator Mark Kelly to a higher court after being blocked from disciplining the former Navy pilot over his participation in a controversial military video.

Defense Secretary Pete Hegseth filed an appeal Tuesday asking the U.S. Court of Appeals for the District of Columbia Circuit to overturn a February 12th federal court decision that protected Kelly from punishment.

The Arizona Democrat responded on social media, claiming Hegseth’s only motivation is to “keep trampling on the free speech rights of retired veterans and silence dissent.”

“These guys don’t know when to quit,” Kelly posted on his X account.

Hegseth had previously promised to challenge the court ruling, posting “Sedition is sedition, ‘Captain,’” using Kelly’s military retirement rank.

The controversy stems from a November video where Kelly joined five other Democratic Congress members in encouraging military personnel to follow the Constitution and reject any illegal orders from the Trump administration. President Trump later accused the group of sedition that was “punishable by DEATH” in his own social media response.

A Washington grand jury recently chose not to bring charges against the lawmakers involved in the video.

Kelly filed his own federal lawsuit to prevent a January 5th censure from Hegseth. U.S. District Judge Richard Leon issued a temporary order stopping the Pentagon from carrying out Kelly’s punishment while the case continues.

Judge Leon determined that Pentagon leadership violated Kelly’s constitutional free speech protections and also “threatened the constitutional liberties of millions of military retirees.” The judge used the colorful phrase “Horsefeathers!” to dismiss government arguments that Kelly was seeking special treatment under military justice rules.

“To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!” Leon wrote in his decision. Leon was appointed by former Republican President George W. Bush.

The 90-second video originally appeared on Representative Slotkin’s social media account. Other participants included Representatives Jason Crow from Colorado, Chris Deluzio from Pennsylvania, Maggie Goodlander from New Hampshire, and Chrissy Houlahan from Pennsylvania. Each person in the video served in either the military or intelligence services.