By Trendsetter Tribune 
WASHINGTON — Defense Secretary Pete Hegseth has reignited his aggressive campaign to punish Sen. Mark Kelly (D-Ariz.), declaring on Tuesday, February 24, 2026, that the Pentagon will appeal a federal court order that blocked his attempt to demote the retired Navy captain. The move escalates a months-long legal and political saga over a video in which Kelly advised U.S. troops they have a constitutional duty to refuse “illegal orders.”
The appeal comes just twelve days after U.S. District Judge Richard Leon issued a blistering preliminary injunction, accusing Hegseth of “trampling” on the senator’s First Amendment rights in an act of political retribution.
The Conflict: Retribution vs. Discipline
The dispute traces back to late 2025, when Kelly and five other Democratic lawmakers—all veterans—released a 90-second video following reports of controversial military strikes in the Caribbean and domestic troop deployments.
- The Video: Kelly reminded service members that they are sworn to the Constitution, not a person, and are obligated to defy unlawful commands.
- The Response: President Trump labeled the message “sedition punishable by DEATH” on social media, while Hegseth characterized it as “conduct unbecoming an officer.”
- The “Retiree Loophole”: Although all six lawmakers appeared in the video, Hegseth targeted only Kelly, arguing that as a retired officer receiving a pension, he remains subject to the Uniform Code of Military Justice (UCMJ).
The Legal Stand-Off
Hegseth’s “crusade” has involved several administrative and legal maneuvers that critics describe as an unprecedented use of the military justice system against a sitting politician.
| Action Taken | Date | Details / Result |
| Official Censure | Jan 5, 2026 | Hegseth issued a formal Letter of Censure, calling it a “necessary step” toward demotion. |
| Rank Review | Jan 2026 | The Pentagon initiated a “retirement grade determination” to reduce Kelly’s rank and pay. |
| Grand Jury | Feb 10, 2026 | A D.C. grand jury refused to indict Kelly and the other lawmakers on sedition charges. |
| Injunction | Feb 12, 2026 | Judge Richard Leon blocked the demotion, calling the government’s arguments “horsefeathers!” |
| The Appeal | Feb 24, 2026 | Hegseth officially notified the court he will challenge the injunction. |
“Sedition is Sedition, ‘Captain'”
Hegseth has remained defiant despite the judicial setbacks. In a social media post shortly after the appeal was announced, he addressed the senator not by his political title, but by his military rank.
“This will be immediately appealed. Sedition is Sedition, ‘Captain.’ Rank has its responsibilities, and undermining the chain of command is a violation of the oath. We will see you in the appellate court.” — Pete Hegseth, Feb 24, 2026
Sen. Kelly has countered that Hegseth is using the Pentagon as a tool for “bullying” and “intimidation” to silence dissent from veterans. “If Pete Hegseth succeeds in silencing me, then he will have license to punish any retired veteran who speaks out against this administration,” Kelly told reporters on Tuesday.
Why It Matters: The “Chilling Effect”
Constitutional scholars warn that if Hegseth prevails, it could fundamentally change the rights of millions of military retirees.
- The Precedent: Historically, retirement grade determinations are based on conduct during active duty, not political speech made years after retirement.
- The “Speech and Debate” Clause: Kelly’s lawyers argue that his speech is also protected because it was part of his official legislative oversight duties as a U.S. Senator.