Defense Secretary Pete Hegseth’s push to censure and demote Sen. Mark Kelly has suffered another blow, as his appeal effort looks increasingly bleak.
On Thursday, a federal appeals court panel signaled it would not side with Hegseth in his effort to punish the Arizona Democrat and retired Navy captain over a November video in which Kelly told service members they can “refuse illegal orders.”
According to The New York Times, two of the three judges on the panel appeared unconvinced by the administration’s arguments.
“He never did say those words,” said Judge Cornelia Pillard, an appointee of President Barack Obama, rejecting Hegseth’s claim that Kelly had called on active-duty service members to disobey orders.
The apparent setback comes after Hegseth’s earlier defeat in February, when District Judge Richard Leon, appointed by President George W. Bush, blocked the self-proclaimed Secretary of War’s attempt to censure and demote Kelly.
“They already lost in court once, but guess what, Hegseth is appealing that ruling,” Kelly said in a video posted on X on Thursday, noting that he was back in federal court in his case against Hegseth, who “is trying to punish me for saying something the president didn’t like.”
Following the Arizona senator’s appearance alongside fellow congressional Democrats in the November clip, President Donald Trump, 79, called for Kelly and other Democratic lawmakers featured in the video to be executed.
Meanwhile, Hegseth described the video as “despicable, reckless, and false,” and the Pentagon announced an investigation into Kelly shortly afterward.
In his concluding February statement, blocking the Pentagon chief’s attempts to censure and demote the retired combat pilot and astronaut, Judge Leon advised that “Rather than trying to shrink the First Amendment liberties of retired servicemembers,” Hegseth should instead “reflect and be grateful for the wisdom and expertise” that these members have brought to the country.
Still, Hegseth appealed the decision and now appears likely to face another defeat, as judges seem inclined to side with Kelly and uphold the February ruling.
“Think about that for a second, they’re saying that those willing to die for their country don’t get to have a voice, and by going after me, they’ve sent a chilling warning to every veteran in this country,” Kelly said in Thursday’s clip, accusing Hegseth of punishing him for exercising his First Amendment rights.
The senator also said the administration’s actions appeared aimed at keeping “veterans to stay quiet,” as he referenced the ongoing war with Iran.
Last month, Kelly joined a group of senators in sending a letter to Hegseth, arguing that responsibility for the deaths of U.S. troops in the Middle East during the Iran conflict should fall on Pentagon leadership due to alleged failures in preparation and planning.
“I’ve given 25 years of service to this country. I know my rights, I fought for them, and I fought for yours, and I’m not going to give an inch,” Kelly concluded in his video.
The Daily Beast has reached out to the Department of Defense for comment.
