Revives push....

Hegseth revives push to punish Sen. Mark Kelly

The Defense secretary appealed a ruling this month in favor of the former Navy captain.

By Leo Shane III, Connor O'Brien and Kyle Cheney

Defense Secretary Pete Hegseth on Tuesday ramped up his public spat with Sen. Mark Kelly, appealing a federal court ruling that blocked him from punishing the Arizona Democrat for advising troops not to follow illegal orders.

The case, filed in the U.S. Court of Appeals for the District of Columbia, asks a panel to set aside the ruling this month from U.S. District Judge Richard Leon, who issued a preliminary injunction halting the Pentagon’s effort to demote the former Navy captain and reduce his retirement pay.

The move reveals that Hegseth has no plans to tamp down his battle against Kelly, a potential 2028 presidential contender who has fought the allegations against him as a threat to free speech.

The two men have been locked in a public fight since November, when Kelly and five other Democratic lawmakers released a video warning that President Donald Trump’s administration was “pitting our uniformed military and intelligence community professionals against American citizens.”

It also told troops to “refuse illegal orders” but did not specify what that meant.

The comments came just weeks after the administration started controversial military airstrikes against alleged drug smuggling vessels in the Caribbean and sent the National Guard into U.S. cities against some governors’ wishes to reduce crime.

Hegseth and Trump criticized Kelly and Democrats’ remarks as “seditious.”

Kelly has said the pair is attempting to turn him into an example and therefore silence other military retirees who would criticize the administration.

Kelly vowed to continue fighting the Trump administration in a higher court. “These guys don’t know when to quit,” he said in a statement following the appeal.

“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,” Kelly said. “There is only one reason to appeal that ruling: to keep trampling on the free speech rights of retired veterans and silence dissent.”

The Pentagon, soon after the video’s release, launched a probe into Kelly, a fighter pilot who served 25 years in uniform and as a NASA astronaut. It led to Hegseth formally censuring Kelly and starting a review process to determine whether his rank and retirement pay should be reduced.

The judge, in the initial court ruling this month that favored Kelly, noted that courts haven’t sought to impose limits on political speech by retired service members. The ruling also said that Kelly’s position as a senator, and as a member of the Armed Services Committee, requires him to weigh in on sensitive political topics.

The Justice Department has failed to secure a grand jury indictment against Kelly or any of the other Democrats in the video. All six of the lawmakers involved served in military or national security roles.