War Secretary Pete Hegseth moved to reignite his high-profile clash with Sen. Mark Kelly, D-Ariz., on Tuesday, appealing a federal court ruling that blocked the Pentagon from punishing the Democratic lawmaker over a video urging U.S. service members to defy “illegal orders.”
The Department of Justice (DOJ) filed the appeal in the U.S. Court of Appeals for the District of Columbia on behalf of Hegseth, the Department of War, the U.S. Navy and Navy Secretary John Phelan.
The filing follows a ruling earlier this month by U.S. District Judge Richard Leon, who determined the Pentagon likely violated Kelly’s First Amendment rights, and those of “millions of military retirees,” when it formally censured him on Jan. 5.
Leon blocked the Pentagon from demoting Kelly’s retired rank of captain or reducing his military retirement pay, prompting Hegseth to swiftly vow an appeal.
Kelly reacted to the latest move while reposting coverage of the appeal on X.
“These guys don’t know when to quit,” he wrote. “A federal judge told Donald Trump and Pete Hegseth that they violated my constitutional rights and chilled the free speech of millions of retired veterans.”
“There is only one reason to appeal that ruling: to keep trampling on the free speech rights of retired veterans and silence dissent,” Kelly continued. “I went to war to defend Americans’ constitutional rights and I won’t back down from this fight, no matter how far they want to take it.”
KELLY FIRES BACK AT HEGSETH OVER CENSURE, SAYS HE’S NEVER BACKING DOWN
Hegseth previously fired back on X following the district court ruling, writing: “Sedition is sedition, ‘Captain.’”
In November, a group of Democratic lawmakers with military and intelligence backgrounds found themselves in hot water after posting a 90-second video urging service members to “refuse illegal orders.”
The video, which was first posted by Sen. Elissa Slotkin, D-Mich., also included military veteran Reps. Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire and Chrissy Houlahan of Pennsylvania.
MARK KELLY PRESSED ON WHETHER HE WOULD REFUSE ORDERS IF HE WAS STILL IN UNIFORM
Hegseth previously said an investigation was launched into Kelly’s actions because he was the only lawmaker formally retired from the military and under the Pentagon’s jurisdiction.
A grand jury in Washington, D.C., rejected a DOJ effort to indict the group, further escalating tensions between the administration and its critics.
In his ruling, Leon wrote that Kelly is “likely to succeed” on the merits of his free speech claim and found he demonstrated irreparable harm.
President Donald Trump previously accused the group of lawmakers of “sedition at the highest level.”
Fox News Digital reached out to the Department of War and Department of Justice for comment. Sen. Kelly’s office did not immediately respond to a request for comment.
Fox News Digital’s Alexandra Koch contributed to this report.
