Pentagon Challenges Court Order Protecting Senator Mark Kelly from Punishment
Defense Secretary Pete Hegseth has formally initiated an appeal against a judicial order that blocks him from imposing disciplinary measures on Democratic Senator Mark Kelly, a former Navy pilot. This legal action stems from Kelly's participation in a video that encouraged military personnel to resist unlawful orders, according to court documents filed on Tuesday.
Legal Battle Over Free Speech Rights Intensifies
Justice Department officials submitted a notice indicating their intention to request a review by a panel from the U.S. Court of Appeals for the District of Columbia Circuit. This appeal targets the February 12 ruling by U.S. District Judge Richard Leon, which temporarily halted Kelly's punishment pending the outcome of his lawsuit.
Senator Kelly, who represents Arizona, responded forcefully on social media, accusing Hegseth of attempting to "keep trampling on the free speech rights of retired veterans and silence dissent." In a post on his X account, Kelly added, "These guys don't know when to quit."
Defense Secretary Hegseth had previously vowed to appeal Judge Leon's decision immediately. In a social media post referencing Kelly by his retired rank, Hegseth stated, "Sedition is sedition, 'Captain.'"
Background of the Controversial Video
The controversy originated in November when Senator Kelly and five other Democratic lawmakers appeared in a 90-second video. In the recording, they urged troops to uphold the Constitution and refuse to follow unlawful military directives from the Trump administration. Republican President Donald Trump subsequently accused the lawmakers of sedition in a social media post, describing it as "punishable by DEATH."
Earlier this month, a Washington grand jury declined to indict the lawmakers over their participation in the video. The participants, all veterans of the armed services or intelligence agencies, included:
- Representative Jason Crow of Colorado
- Representative Chris Deluzio of Pennsylvania
- Representative Maggie Goodlander of New Hampshire
- Representative Chrissy Houlahan of Pennsylvania
The video was first posted on a social media account belonging to another participant.
Judge's Ruling and Constitutional Implications
Senator Kelly filed a lawsuit in federal court to block his January 5 censure from Defense Secretary Hegseth. Judge Leon's order prohibits the Pentagon from implementing or enforcing Kelly's punishment while the lawsuit remains pending.
In his ruling, Judge Leon determined that Pentagon officials had not only violated Kelly's First Amendment free speech rights but had also "threatened the constitutional liberties of millions of military retirees." The judge employed an old-fashioned rebuke—"Horsefeathers!"—in response to the government's claim that Kelly was attempting to exempt himself from military justice rules.
Judge Leon, who was nominated to the bench by Republican President George W. Bush, wrote emphatically, "To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!"
This legal confrontation highlights significant tensions between military discipline protocols and constitutional free speech protections, particularly concerning retired service members who maintain public roles. The appeal process is expected to extend the controversy and potentially establish important precedents regarding the speech rights of military veterans in political contexts.
