SEDONA, Ariz. — Sen. Mark Kelly (D-Ariz.) will be back in Washington on Thursday morning for the latest chapter in his legal battle with Defense Secretary Pete Hegseth.
The Arizona Democrat doesn’t think this will be the end of the road.
“My expectation is we win in the circuit court, and I also expect them to probably appeal again, and it might go to the Supreme Court,” Kelly told us at the Sedona Forum. “No matter what he does, I am not going away.”
Oral arguments are scheduled today before a three-judge panel in the D.C. Circuit at 9:30 a.m. The appeal came after a federal district judge in February granted Kelly a preliminary injunction barring the Pentagon from moving forward with plans to punish Kelly, a retired Navy pilot, and dock his pension.
The backdrop. The legal fight stems from a video in which Kelly and five other Democratic lawmakers with national security backgrounds reminded troops of their duty to ignore illegal orders.
“I’ll do everything possible to have his back and to help,” said Rep. Jason Crow (D-Colo.), another lawmaker in the video. “It’s less meant to target Kelly. It’s meant to send a message … which is why it’s so important in any given case, that we fight back — hard.”
Crow and the other Democrats — Sen. Elissa Slotkin (Mich.) and Reps. Maggie Goodlander (N.H.), Chrissy Houlahan (Pa.) and Chris Deluzio (Pa.) — signed an amicus brief backing Kelly, as did other retired military leaders.
Pentagon’s argument. In an April 27 response brief, the Trump administration said it was merely holding Kelly to the same standards as any other servicemember.
There “should be no doubt that the military may properly ensure that retired officers do not urge servicemembers to disobey lawful orders,” DOJ officials said in their brief, dismissing the notion that Kelly’s elected position offers him any distinct First Amendment protections.
Kelly and Hegseth have sparred repeatedly. “The things you say matter,” Kelly said to the Pentagon chief during an April 30 Armed Services Committee hearing. “You are not right for this job.”
