Hegseth doubles down on punishing smug Mark Kelly over ‘illegal orders’ video

War Secretary Pete Hegseth doubled down on his war with Sen. Mark Kelly this week by appealing a judge’s ruling that blocked him from punishing the senator.

In November, several Democrats with military backgrounds published a 90-second video urging members of the military to “refuse illegal orders.” Kelly was one of the Dems featured in the video.

We want to speak directly to members of the Military and the Intelligence Community.

The American people need you to stand up for our laws and our Constitution.

Don’t give up the ship. pic.twitter.com/N8lW0EpQ7r

— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025

Hegseth subsequently launched an investigation into Kelly and only Kelly because the Pentagon only had jurisdiction to go after him since he was retired and no longer active-duty, unlike the others.

Then, in January, Hegseth called for a censure letter to be placed in Kelly’s permanent file, and he ordered a 45-day review of Kelly’s retirement rank and pay.

“Six weeks ago, Senator Mark Kelly — and five other members of Congress — released a reckless and seditious video that was clearly intended to undermine good order and military discipline,” Hegseth told Fox News at the time.

“As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice. And the Department of War — and the American people — expect justice,” he added.

In response, Kelly sued Hegseth and others in the administration.

“Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him—and this or any administration—accountable,” he said in a statement posted to social media.

“His unconstitutional crusade against me sends a chilling message to every retired member of the military: if you speak out and say something that the President or Secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted,” he added.

Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him—and this or any administration—accountable. His unconstitutional…

— Senator Mark Kelly (@SenMarkKelly) January 12, 2026

Earlier this month, U.S. District Judge Richard Leon, a W. Bush appointee, temporarily ruled against Hegseth by blocking him from stripping Kelly of his rank and pay.

“This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” the judge wrote in his ruling.

Kelly celebrated the ruling.

“Today a federal court made clear Pete Hegseth violated the Constitution when he tried to punish me for something I said,” Kelly proclaimed in a video posted to social media.

“This is a critical moment to show this administration they can’t keep undermining Americans’ rights. I also know this might not be over yet, because Trump and Hegseth can’t admit when they are wrong,” he added.

The War Secretary vowed at the time to appeal.

This will be immediately appealed.

Sedition is sedition, “Captain.” https://t.co/dKrvhqy1a5

— Pete Hegseth (@PeteHegseth) February 12, 2026

That appeal was finally filed this Tuesday with the U.S. Court of Appeals for the District of Columbia, which was asked to set aside Judge Leon’s prior decision.

“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,” the Associated Press confirmed.

Sen. Kelly responded with a social media post accusing Hegseth and President Donald Trump of not knowing “when to quit.”

These guys don’t know when to quit. 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. There is only one reason to appeal that ruling: to keep trampling on the free speech… https://t.co/TRd7ci0SAY

— Senator Mark Kelly (@SenMarkKelly) February 24, 2026

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