WASHINGTON, D.C. — The Pentagon is appealing a federal judge’s decision that temporarily blocks Defense Secretary Pete Hegseth from punishing Sen. Mark Kelly over a video urging service members to resist unlawful orders.
According to a court filing, Justice Department attorneys notified the court Tuesday that they will ask the U.S. Court of Appeals for the District of Columbia Circuit to review a Feb. 12 ruling by U.S. District Judge Richard Leon. Leon barred the Pentagon from enforcing a Jan. 5 censure issued against Kelly while his lawsuit proceeds.
Kelly, a Democratic senator from Arizona and a retired Navy pilot, appeared in a November video with five other Democratic lawmakers encouraging troops to uphold the Constitution and refuse unlawful military directives. President Donald Trump later accused the lawmakers of “sedition,” though a Washington grand jury earlier this month declined to indict them.
Leon ruled that Pentagon officials likely violated Kelly’s First Amendment rights and “threatened the constitutional liberties of millions of military retirees.” He rejected the government’s argument that Kelly was seeking exemption from military justice.
Hegseth has publicly vowed to appeal, writing on social media, “Sedition is sedition.”
The appellate court will now determine whether Leon’s order remains in place as the case continues.
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