War Secretary Pete Hegseth is appealing a judge's order that blocks him from punishing Sen. Mark Kelly, D-Ariz., 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 will 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 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 Democrat 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 Rep. Elissa Slotkin, D-Mich.
Democrat 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.
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