The Trump administration said Tuesday it would appeal a ruling temporarily blocking the Pentagon from punishing Sen. Mark Kelly (D-Ariz.) over his participation in the “illegal orders” video.
The brief notice said the appeal would be made to the D.C. Circuit of Appeals, the second-highest court in the country.
Federal district court Judge Richard J. Leon on Feb. 12 ruled Kelly was “likely to succeed on the merits” in the case and issued a preliminary injunction barring the Defense Department from moving forward with efforts to punish Kelly, a retired Navy captain.
