Defense Secretary Pete Hegseth is pushing back against a federal judge’s order, appealing the decision that currently blocks him from punishing Democratic Senator Mark Kelly for his role in a video that urged troops to resist unlawful orders, as reported by Associated Press. Justice Department officials confirmed that they are asking a panel from the U.S. Court of Appeals for the District of Columbia Circuit to review the February 12 ruling by U.S. District Judge Richard Leon.
U.S. District Judge Richard Leon’s original ruling was pretty scathing. He didn’t just say Pentagon officials violated Kelly’s First Amendment free speech rights, he also declared they “threatened the constitutional liberties of millions of military retirees.” Leon even pulled out an old-fashioned rebuke, exclaiming “Horsefeathers!” in response to the government’s argument that Kelly was trying to exempt himself from military justice rules.
Senator Kelly, who represents Arizona and is a former Navy pilot himself, posted on X, stating that the only reason Hegseth would appeal is to “keep trampling on the free speech rights of retired veterans and silence dissent.” Kelly added, “These guys don’t know when to quit.”
Hegseth, on the other hand, had already vowed to immediately appeal Leon’s decision
Hegseth took to X, posting, “Sedition is sedition, ‘Captain,’” referring to Kelly by his retired rank. This really underscores the deep disagreement between the two. Hegseth seems incredibly focused on seeing this through, no matter what.
This whole situation stems from a 90-second video released in November. In it, Kelly and five other Democratic lawmakers, all of whom are veterans of the armed services or intelligence agencies, urged troops to uphold the Constitution and not follow any unlawful military directives from the Trump administration. Days later, President Donald Trump accused the lawmakers of sedition, which he said was “punishable by DEATH,” in a social media post.
Earlier this month, a Washington grand jury actually declined to indict the lawmakers over the video, which you’d think would put the matter to rest. However, Kelly had already sued in federal court to block a censure he received from Hegseth on January 5. Judge Leon’s order currently prohibits the Pentagon from implementing or enforcing Kelly’s punishment while his lawsuit is still pending.
Judge Leon, who was nominated to the bench by Republican President George W. Bush, made it very clear where he stood. He wrote, “To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!” Besides Kelly, the video also featured Representatives Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire, and Chrissy Houlahan of Pennsylvania, as well as Slotkin.
Published: Feb 25, 2026 12:00 pm