WASHINGTON (AP) 鈥� Defense Secretary Pete Hegseth is a judge’s order that blocks him from punishing Democratic Sen. Mark Kelly, a former Navy pilot, for participating in 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 鈥渒eep trampling on the free speech rights of retired veterans and silence dissent.鈥�
鈥淭hese guys don鈥檛 know when to quit,” Kelly wrote on his X account.
Hegseth had vowed to immediately appeal Leon鈥檚 decision. 鈥淪edition is sedition, 鈥楥aptain,鈥欌�� he posted on his X account, referring to Kelly by his rank at retirement.
In November, Kelly and five other Democratic 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 鈥減unishable by DEATH鈥� in a social media post days later.
Earlier this month, a Washington grand jury the lawmakers over the video.
Kelly to block from Hegseth. Leon鈥檚 the Pentagon from implementing or enforcing Kelly鈥檚 punishment while his lawsuit is pending.
Leon ruled that Pentagon officials not only violated Kelly鈥檚 First Amendment free speech rights, but they also 鈥渢hreatened the constitutional liberties of millions of military retirees.鈥� The judge invoked an old-fashioned rebuke — 鈥淗orsefeathers!鈥� — in response to the government鈥檚 claim that Kelly is trying to exempt himself from the rules of military justice.
鈥淭o say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!鈥� 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 Slotkin. 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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