Hegseth appeals ruling blocking punishment of Dem senator over ‘illegal orders’ video

War Secretary Pete Hegseth appeals court ruling that blocked Pentagon from punishing Sen. Mark Kelly over video urging troops to defy "illegal orders." Pete Hegseth Hegseth appeals ruling blocking punishment of Dem senator over ‘illegal orders’ video Justice Department files appeal on behalf of War Secretary Hegseth after judge blocked Pentagon from demoting Kelly's military rank By Michael Sinkewicz Fox News Published February 25, 2026 12:53am EST Facebook Twitter Threads Flipboard Comments Print Email Add Fox News on Google close Video Sen Mark Kelly sues Secretary of War Hegseth over move to cut retirement pay, reduce rank Fox News senior national correspondent Kevin Corke reports on news of Sen. Mark Kelly suing the Pentagon and Pete Hegseth over punishment for ‘illegal orders’ video on ‘Hannity.’ NEWYou can now listen to Fox News articles! 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. Sen. Mark Kelly, D-Ariz., says the appeal is an attempt to silence dissent after a judge ruled the Pentagon likely violated his First Amendment rights. (Aaron Schwartz/CNP/Bloomberg via Getty Images Tom Williams/CQ-Roll Call, Inc via Getty Images) 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 Sen. Mark Kelly, D-Ariz., speaks to members of the media outside federal court in Washington, D.C., on Tuesday, Feb. 3, 2026. (Graeme Sloan/Bloomberg via Getty Images) 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 Defense Secretary Pete Hegseth has appealed a federal court ruling that blocked efforts to discipline Sen. Mark Kelly over remarks advising service members to refuse "illegal orders." (Omar Havana/Getty Images) 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." CLICK HERE TO DOWNLOAD THE FOX NEWS APPFox 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. Related Article More Democrat reps involved in ‘refuse illegal orders’ video report receiving inquiry from US attorney Michael Sinkewicz is a writer for Fox News Digital. Story tips can be sent to [email protected] Related Topics Pete HegsethPentagonMark KellyJustice DepartmentAppeals More from Politics 6 mins ago Trump recounts deadly Texas flood rescue, reunites camper with Coast Guard swimmer at SOTU