Secretary of War Pete Hegseth has ramped up his campaign to demote Senator Mark Kelly and slash his military retirement benefits.
Hegseth reignited their legal battle by asking the US Court of Appeals for the District of Columbia to throw away a previous ruling that had blocked his efforts to punish the former Navy captain.
The Pentagon chief is seeking to overturn a district court decision that halted his move to discipline Kelly over a social media video.
In the video, Kelly appeared alongside five other veteran Democrats to inform active service members that they are ‘not required to follow illegal orders.’
Hegseth is now fighting to ensure the Senator faces consequences for the message, which includes a reduction in the military pay Kelly earned during his decorated career as a naval aviator and astronaut.
‘Secretary Hegseth relies on the well–established doctrine that military service members enjoy less vigorous First Amendment protections given the fundamental obligation for obedience and discipline in the armed forces. Unfortunately for Secretary Hegseth, no court has ever extended those principles to retired service members,’ U.S. District Judge Richard Leon wrote in the Feb. 12 ruling.
‘This Court will not be the first to do so!’ Leon added.
The other lawmakers who took part in that video were Reps. Jason Crow, Maggie Goodlander, Chrissy Houlahan, Chris Deluzio and Sen. Elissa Slotkin.
Kelly published a video in November where he encouraged active duty service members in the military and intelligence community to refuse ‘illegal orders’ from the White House
Pete Hegseth has forced out a senior military adviser to Army Secretary Dan Driscoll, defense officials revealed today
Both President Trump and the Secretary of War called that video ‘sedition.’
‘He’s using his cronies in the Department of Justice to continue to threaten and intimidate us,’ Crow said. ‘But he’s picked the wrong people. We took an oath to the Constitution, a lifetime oath when we joined the military and again as members of Congress. We are not going to back away,’ Crow posted on X in a video back in January.
The Daily Mail reached out to Senator Kelly, who did not immediately respond.
The judge’s scathing ruling originally came after Kelly sued Hegseth and the Defense Department for launching a military investigation into his public statements that could result in the loss of his rank.
Judge Leon excoriated the Trump administration for not going through the proper channels so ‘the military can have the first crack at adjudicating his First Amendment rights.’
The judge also noted that Kelly made his comments while exercising his congressional oversight authority on the Senate Armed Services Committee.
Leon stated Hegseth’s decision to punish Kelly through military channels appears to be a tactic to avoid oversight by the legal system.
‘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,’ Judge Leon added.
He goes on in his ruling to quote famous musician Bob Dylan who said: ‘You don’t need a weatherman to know which way the wind blows.’
egseth and his wife Jennifer Rauchet arrive before President Donald Trump delivers the State of the Union address to a joint session of Congress in the House
Trump, Secretary of the Army Daniel Driscoll and Defense Secretary Pete Hegseth speak with soldiers
Hegseth has also forced out a senior military adviser to Army Secretary Dan Driscoll, defense officials revealed last week.
The shock move is the latest in a series of interventions by the Pentagon chief into the service’s internal business, signaling a brutal escalation in the power struggle at the top of the military.
The ouster is the result of a serious strain between Hegseth and Driscoll – two of the Trump administration’s most powerful political appointees.
The war chief directed Driscoll to fire Col. David Butler during a conversation at the Pentagon last week, sources tell the Washington Post.
Butler worked for both Driscoll and retired Gen. Mark A. Milley – a man who has long been in President Trump’s crosshairs.
This is reportedly the second time that Hegseth has brought up firing Butler – with success this time around.
The intervention has laid bare a deepening rift within the Pentagon, as Hegseth continues to assert his authority over the Army’s top brass.
Butler’s resume listed him as most recently a spokesman and media strategist for both Secretary Driscoll and General Randy George, the Army’s chief of staff.
