Pentagon Appeals Sen. Kelly Order      02/25 06:06

   

   WASHINGTON (AP) -- Defense Secretary Pete Hegseth is appealing a judge's 
order that blocks him from punishing Democratic Sen. Mark Kelly, a former Navy 
pilot, for participating in a video that called on troops to resist unlawful 
orders, according to a court filing on Tuesday.

   Justice Department officials filed a notice that they wil ask a panel from 
the U.S. Court of Appeals for the District of Columbia Circuit to review the 
Feb. 12 ruling by U.S. District Judge Richard Leon.

   Kelly, who represents Arizona, said in a social media post that the only 
reason for Hegseth to appeal is to "keep trampling on the free speech rights of 
retired veterans and silence dissent."

   "These guys don't know when to quit," Kelly wrote on his X account.

   Hegseth had vowed to immediately appeal Leon's decision. "Sedition is 
sedition, 'Captain,'" he posted on his X account, referring to Kelly by his 
rank at retirement.

   In November, Kelly and five other Democratic lawmakers appeared on a video 
in which they urged troops to uphold the Constitution and not to follow 
unlawful military directives from the Trump administration. Republican 
President Donald Trump accused the lawmakers of sedition "punishable by DEATH" 
in a social media post days later.

   Earlier this month, a Washington grand jury declined to indict the lawmakers 
over the video.

   Kelly sued in federal court to block his Jan. 5 censure from Hegseth. Leon's 
order prohibits the Pentagon from implementing or enforcing Kelly's punishment 
while his lawsuit is pending.

   Leon ruled that Pentagon officials not only violated Kelly's First Amendment 
free speech rights, but they also "threatened the constitutional liberties of 
millions of military retirees." The judge invoked an old-fashioned rebuke -- 
"Horsefeathers!" -- in response to the government's claim that Kelly is trying 
to exempt himself from the rules of military justice.

   "To say the least, our retired veterans deserve more respect from their 
Government, and our Constitution demands they receive it!" wrote Leon, who was 
nominated to the bench by Republican President George W. Bush.

   The 90-second video was first posted on a social media account belonging to 
Slotkin. Reps. Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Maggie 
Goodlander of New Hampshire and Chrissy Houlahan of Pennsylvania also appeared 
in the video. All of the participants are veterans of the armed services or 
intelligence agencies.