Justice Department asks D.C. Circuit to review ruling that barred enforcement of Pentagon punishment tied to lawmakers’ message to troops.
By yourNEWS Media Newsroom
The Pentagon is appealing a federal judge’s order that temporarily blocks the Defense Department from enforcing a censure against Sen. Mark Kelly, D-Ariz., over his participation in a video urging service members to reject unlawful military orders.
According to a court filing Tuesday, Justice Department attorneys notified the court that they will seek review of the Feb. 12 decision by U.S. District Judge Richard Leon in the U.S. Court of Appeals for the District of Columbia Circuit. The filing signals that War Secretary Pete Hegseth is moving forward with an appeal after Leon barred the Pentagon from carrying out disciplinary measures while litigation continues.
Kelly, a retired Navy pilot, responded on social media, stating that the appeal was intended 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 previously pledged to challenge the ruling. In a post on his X account, he wrote: “Sedition is sedition, ‘Captain,’” referencing Kelly by his military rank at retirement.
The dispute stems from a 90-second video posted in November on the social media account of Rep. Elissa Slotkin, D-Mich., in which Kelly and five other Democratic lawmakers addressed members of the armed forces. In the video, the lawmakers urged troops to uphold the Constitution and not follow unlawful directives issued by the Trump administration.
The video also featured Democratic Reps. Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire, and Chrissy Houlahan of Pennsylvania. All six lawmakers are veterans of the armed services or intelligence agencies.
President Donald Trump responded days after the video’s release by accusing the lawmakers of sedition in a social media post, stating the conduct was “punishable by DEATH.”
Earlier this month, a Washington grand jury declined to indict the lawmakers in connection with the video.
Kelly subsequently filed suit in federal court seeking to block his Jan. 5 censure imposed by Hegseth. In his ruling, Leon prohibited the Pentagon from implementing or enforcing the punishment while the case proceeds.
Leon determined that Pentagon officials violated Kelly’s First Amendment free speech rights and wrote that their actions “threatened the constitutional liberties of millions of military retirees.”
The judge dismissed the government’s argument that Kelly was attempting to exempt himself from military justice rules, responding with a pointed rebuke: “Horsefeathers!”
“To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!” Leon wrote. The judge was nominated to the federal bench by former President George W. Bush.
The appeal now places the dispute before the D.C. Circuit, where a panel of appellate judges will review whether Leon’s injunction should remain in place as the case continues.
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