Army Secretary Appeals Court Ruling on Sen. Mark Kelly

Army Secretary Pete Hegseth has taken steps to revive a notable conflict with Senator Mark Kelly (D-Ariz.), filing an appeal to a federal court ruling that prevented the Pentagon from taking action against him. The core of the matter stems from a video where Kelly encouraged members of the U.S. military to reject “unlawful orders.”

The appeal was filed by the Department of Justice (DOJ) in the District of Columbia Court of Appeals on behalf of Hegseth, the Army, the Navy, and Navy Secretary John Phelan.

This legal action follows a ruling made earlier this month by U.S. District Judge Richard Leon. The judge found that the Pentagon likely infringed upon Kelly’s First Amendment rights, as well as those of “millions of veterans,” when they censured him on January 5.

Leon then blocked the Pentagon from lowering Kelly’s rank as a retired captain or diminishing his military retirement benefits, prompting Hegseth to swiftly announce his intention to appeal.

In response to the appeal, Kelly took to X to share his thoughts. He expressed frustration, stating, “These people don’t know when to quit.” He underscored that a federal judge affirmed his constitutional rights were violated, which also, he claimed, obstructed free speech rights for countless veterans.

Kelly argued that the push for this appeal is fundamentally aimed at suppressing dissent. “I went to war to defend the constitutional rights of Americans. Regardless of how far they push, I won’t retreat from this fight,” he added.

Earlier, Hegseth had reacted to the district court’s decision on X, emphasizing, “Incitement is incitement, ‘Captain.'”

In November, a group of Democratic lawmakers, many of whom have military backgrounds, stirred up controversy after they released a 90-second video urging military personnel to reject illegal orders. This video included participation from Senator Elissa Slotkin (D-Mich.) and Representatives Jason Crow, Chris Deluzio, Maggie Goodlander, and Chrissy Hoolahan.

Hegseth mentioned that the inquiry into Kelly’s conduct was initiated because he is the only lawmaker officially retired from military service and, thus, under the Pentagon’s oversight. A grand jury in Washington, D.C., ultimately dismissed the DOJ’s attempt to indict the lawmakers involved, which has heightened tensions between the administration and its critics.

Judge Leon noted in his ruling that Kelly appeared “likely to succeed” in his arguments regarding free speech and recognized that he had faced irreparable harm.

Former President Donald Trump had accused the group of “incitement at the highest level.”

Fox News Digital has attempted to contact both the Department of the Army and the Department of Justice for comments, but Senator Kelly’s office has yet to respond.