War Secretary Pete Hegseth is asking an appeals court to review his attempt to censure Sen. Mark Kelly (D-Ariz.) over a video in which the lawmaker told military personnel to disobey any “unlawful” orders.
Hegseth filed a notice of appeal on Feb. 24, seeking to reserve the judge’s block. Judge Richard Leon of the U.S. District Court for the District of Columbia issued a preliminary injunction, saying on Feb. 12 that Hegseth was infringing on Kelly’s First Amendment rights.
“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,” Leon said.
“To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!”
Kelly is a retired Navy captain, a decorated combat pilot, and a former NASA astronaut who accumulated more than 50 days in space across four shuttle missions.
In November 2025, he and other lawmakers released the controversial video addressing military personnel.
Kelly received a letter from Hegseth on Jan. 5, notifying him that he was being censured, a punishment given to an officer for unbecoming conduct that can result in a deduction of pay and benefits received and can affect rank.
Although Kelly is a retired officer, he still receives pay. He was told in the letter that his actions violated two articles of the Uniform Code of Military Justice, “undermined the chain of command,” “counseled disobedience,” and constituted “conduct unbecoming an officer.”
He publicly challenged this reprimand, saying that it was an attack on his freedom of speech and was meant to send a message to retired military personnel.
“This is a critical moment to show this administration they can’t keep undermining Americans’ rights,” Kelly said on X the day the court ruled in his favor. “I also know this might not be over yet, because Trump and Hegseth can’t admit when they are wrong.”
Leon said that the Uniform Code of Military Justice had never been used to censure a retired officer before, although it did impose certain free speech limits on active military personnel. He challenged the defense to present any past example of such a use.
Meanwhile, the war secretary made clear his intention to try to have the temporary restraining order reversed.
“This will be immediately appealed,” Hegseth posted to X after the court’s ruling. “Sedition is sedition, ‘Captain.’”
Friends Read Free
Copy
Facebook
Tweet
