Defense Secretary Pete Hegseth is moving forward with an appeal against a judicial order that prohibits him from imposing punishment on Democratic Senator Mark Kelly, a former Navy pilot, for his involvement in a video that encouraged military personnel to resist unlawful commands. This development was revealed in a court filing submitted on Tuesday, marking a significant escalation in the ongoing legal confrontation.
Legal Battle Intensifies Over Free Speech Rights
According to the filing, Justice Department officials have indicated their intention to request 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. This ruling had temporarily blocked the Pentagon from enforcing any disciplinary actions against Senator Kelly while his lawsuit challenging the censure is pending.
Senator Kelly's Response and Accusations
Senator Kelly, who represents Arizona, responded sharply to the appeal notice in a social media post. He asserted that the only motive behind Hegseth's appeal is to "keep trampling on the free speech rights of retired veterans and silence dissent." Kelly further emphasized his frustration by stating, "These guys don't know when to quit," in a message posted on his X account.
In contrast, Defense Secretary Hegseth had previously vowed to appeal Judge Leon's decision immediately. He reinforced his stance by posting on his X account, "Sedition is sedition, 'Captain,'" directly addressing Kelly by his rank at the time of his retirement from the Navy.
Background of the Controversial Video
The controversy stems from a video posted in November, in which Senator Kelly and five other Democratic lawmakers participated. In the video, they urged troops to uphold the Constitution and refrain from following unlawful military directives issued by the Trump administration. This prompted a strong reaction from Republican President Donald Trump, who accused the lawmakers of sedition and suggested it was "punishable by DEATH" in a social media post shortly after the video's release.
Earlier this month, a Washington grand jury declined to indict the lawmakers over their involvement in the video, adding another layer to the legal proceedings.
Judge Leon's Ruling and Constitutional Concerns
Senator Kelly had filed a lawsuit in federal court to block his January 5 censure from Hegseth. Judge Leon's order not only prevents the Pentagon from implementing or enforcing Kelly's punishment but also addresses broader constitutional issues. In his ruling, Leon stated that Pentagon officials had violated Kelly's First Amendment free speech rights and had "threatened the constitutional liberties of millions of military retirees."
The judge employed an old-fashioned rebuke, exclaiming "Horsefeathers!" in response to the government's claim that Kelly was attempting to exempt himself from the rules of military justice. 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!"
Details of the Video and Participants
The 90-second video was initially posted on a social media account belonging to Representative Slotkin. Other participants included Representatives Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire, and Chrissy Houlahan of Pennsylvania. Notably, all individuals featured in the video are veterans of the armed services or intelligence agencies, highlighting their shared military backgrounds and adding weight to their message.
This case continues to unfold as both sides prepare for further legal arguments, with implications for free speech rights and military discipline hanging in the balance.
