Defense Secretary Pete Hegseth is escalating his clash with Sen. Mark Kelly, taking his bid to punish the Arizona Democrat to a federal appeals court, Politico reports. Hegseth is asking the DC Circuit to overturn a judge's order that temporarily blocked the Pentagon from demoting Kelly, a former Navy captain and astronaut, and lowering his retirement pay over the video he and other lawmakers released urging members of the US military to "refuse illegal orders." Kelly, in response to Hegseth's appeal, said he'll keep fighting, Politico reports. "These guys don't know when to quit," he said. "There is only one reason to appeal that ruling: to keep trampling on the free speech rights of retired veterans and silence dissent."
In the November video, Kelly and five other Democratic lawmakers, all with military or national security backgrounds, warned that the Trump administration was turning the military and intelligence community against Americans and urged troops not to follow unlawful commands. Hegseth and President Trump labeled the remarks "seditious," and the Pentagon launched an investigation that led to Kelly's formal censure, Fox News reports. A federal judge later ruled that limiting the political speech of retired service members—particularly a sitting senator on the Armed Services Committee—raised serious constitutional concerns. Kelly, seen as a possible 2028 presidential contender, says the appeal is an effort to intimidate veterans who criticize the administration and has vowed to keep fighting in court.