Hegseth to appeal court order that shredded his attempt to demote Sen. Mark Kelly over video to U.S. troops

Defense Secretary Pete Hegseth told a federal court Tuesday that he will appeal a blistering court order against his effort to demote Sen. Mark Kelly (D-Ariz.) for reminding troops in a video last year that they are obligated to refuse illegal orders.

In a colorful ruling earlier this month, U.S. District Judge Richard Leon determined that the defense secretary violated Kelly’s First Amendment freedoms by attempting to reduce the senator’s retired military rank in retaliation for the video.

Leon, a George W. Bush appointee, blasted Hegseth’s effort as threatening the constitutional liberties of millions of military retirees, not just Kelly’s. His opinion also featured a legion of exclamation points, the term “horsefeathers” and a Bob Dylan quote — which all emphasized just how weak the judge considered Hegseth’s legal defense.

In November, Kelly, a fighter pilot and astronaut who was later elected a U.S. senator, was one of six Democratic lawmakers who recorded a video reminding members of the military and intelligence community that they took an oath to defend the Constitution and that they are legally required to refuse unlawful orders.

The lawmakers released the video in response to ongoing fears that Trump’s political appointees have issued illegal orders in carrying out the president’s legally questionable campaign of killing people suspected of smuggling drugs in the Caribbean and Eastern Pacific.

The video did not name President Donald Trump, issue commands or urge disobedience to lawful authority. Rather, it reiterated a long-standing military doctrine that Hegseth had publicly supported before he became defense secretary.

In response to the video, Trump expressed support for imprisoning and even executing the group of lawmakers for what he termed “seditious behavior” — a concept that does not exist under U.S. law.

Following Trump’s threats, Hegseth announced that the Department of Defense would reconsider Kelly’s retirement grade more than a decade after he left active duty in 2011, claiming that the senator’s conduct was “seditious in nature” and violated the Uniform Code of Military Justice.

Hegseth’s forthcoming appeal will move Kelly’s lawsuit against the demotion attempt to the D.C. Circuit Court of Appeals.