War Secretary Pete Hegseth through the Department of Justice has appealed a court ruling that protects Sen. Mark Kelly, an outspoken anti-Trump senator from Arizona who, along with a bunch of other Democrats, engaged in what has been described as “seditious” talk.
The Washington Examiner said the fight over the comments by Kelly and others suggesting President Donald Trump was issuing “illegal” orders now has been escalated to the U.S. Court of Appeals for the District of Columbia.
Kelly earlier had been protected by Judge Richard Leon, who issued a preliminary ruling that the plans for punishment possibly violated Kelly’s speech rights.
Kelly responded on social media, with, “I went to war to defend Americans’ constitutional rights, and I won’t back down from this fight, no matter how far they want to take it.”
The Pentagon had cited the scandalous video comments in which Kelly and the others urged members of the U.S. military to disobey “illegal” orders, without identifying any.
Kelly was in the Navy 6 years. While the others were in “intelligence” jobs they were not in the military, and that left Kelly as the only one subject to the Uniform Military Code of Justice, which applies to members during and after their service.
The Democrats immediately were called out by White Houser spokeswoman Karoline Leavitt, who said they were “suggesting the president has given illegal orders, which he has not.”
Hegseth sought to demote Kelly and issued a letter of censure, even as the White House labeled the video “seditious.”
Kelly then sued his own government, claiming his comments were protected and the White House was trying to “intimidate” a political opponent.
WorldNetDaily reported Leon’s decision suggested Kelly’s comments were protected.
A report from NPR said Hegseth has described Kelly’s comments as “seditious” and the six video makers repeatedly have been labeled the “Seditious six.”
Hegseth then had said there would be a review of Kelly’s retirement grade, which could result in a reduction in rank and accompanying cut in military retirement pay.
Leon blocked the Pentagon from taking any action, but the Trump administration has seen dozens of such rulings from district judges, and frequently is able to move forward with its plans after an appellate court reverses the lower court.
The video was released on social media and sought to undermine the confidence members of the U.S. military would have in the command structure by talking about “illegal orders” without, of course, identifying any.
Judge blocks Pentagon's effort to reduce Arizona Democratic Sen. Mark Kelly's pay and rank as punishment over "illegal orders" video https://t.co/evO6S3yMO4 pic.twitter.com/DdY0LNmKZC
— CNN Breaking News (@cnnbrk) February 12, 2026
Judge blocks US military from demoting Mark Kelly over 'illegal orders' video https://t.co/MxxemDwcrK
— BBC News (World) (@BBCWorld) February 12, 2026
A separate report from the BBC suggested that prosecutors have “dropped their case” against the six, after a grand jury declined to issue an indictment.
The report said, “The justice department could still pursue the case in a different district.”
Others involved in the video include Sen. Elissa Slotkin and Reps. Jason Crow, Maddie Goodlander, Chris Deluzio and Chrissy Houlahan, all Democrats.
The law cited by prosecutors carries a prison sentence of up to 10 years for encouraging “insubordination, disloyalty, mutiny, or refusal of duty by any member of the military.”
Slotkin then threatened the DOJ if prosecutors chose to continue to pursue the case.
Wait so a bunch of elected Democrats suggested the military was carrying out unlawful and illegal orders and must defy the Trump admin and then two national guardsmen who were doing their job were shot?? pic.twitter.com/q9Z105nFY2
— Libs of TikTok (@libsoftiktok) November 26, 2025
‘Protected speech’: Judge prevents War Department from punishing Mark Kelly for ‘seditious’ comments
