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Pentagon appeals order blocking Sen. Mark Kelly's punishment for call to resist unlawful orders
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.”
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Hegseth to appeal court order that shredded his attempt to demote Sen. Mark Kelly over video to U.S. troops
Defense Secretary Pete Hegseth told a federal court Tuesday that he will appeal a blistering court order against his effort to demote Sen. Mark Kelly (D-Ariz.) for reminding troops in a video last year that they are obligated to refuse illegal orders.
In a colorful ruling earlier this month, U.S. District Judge Richard Leon determined that the defense secretary violated Kelly’s First Amendment freedoms by attempting to reduce the senator’s retired military rank in retaliation for the video.
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Leon, a George W. Bush appointee, blasted Hegseth’s effort as threatening the constitutional liberties of millions of military retirees, not just Kelly’s. His opinion also featured a legion of exclamation points, the term “horsefeathers” and a Bob Dylan quote — which all emphasized just how weak the judge considered Hegseth’s legal defense.
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