Sen. Mark Kelly, D-Ariz., says the appeal is an attempt to silence dissent after a judge ruled the Pentagon likely violated his First Amendment rights. (Aaron Schwartz/CNP/Bloomberg via Getty Images Tom Williams/CQ-Roll Call, Inc via Getty Images)
Kelly reacted to the latest move while reposting coverage of the appeal on X.
"These guys don’t know when to quit," he wrote. "A federal judge told Donald Trump and Pete Hegseth that they violated my constitutional rights and chilled the free speech of millions of retired veterans."
"There is only one reason to appeal that ruling: to keep trampling on the free speech rights of retired veterans and silence dissent," Kelly continued. "I went to war to defend Americans’ constitutional rights and I won’t back down from this fight, no matter how far they want to take it."
KELLY FIRES BACK AT HEGSETH OVER CENSURE, SAYS HE'S NEVER BACKING DOWN
Defense Secretary Pete Hegseth has appealed a federal court ruling that blocked efforts to discipline Sen. Mark Kelly over remarks advising service members to refuse "illegal orders." (Omar Havana/Getty Images)
Hegseth previously said an investigation was launched into Kelly's actions because he was the only lawmaker formally retired from the military and under the Pentagon’s jurisdiction.
A grand jury in Washington, D.C., rejected a DOJ effort to indict the group, further escalating tensions between the administration and its critics.
In his ruling, Leon wrote that Kelly is "likely to succeed" on the merits of his free speech claim and found he demonstrated irreparable harm.
President Donald Trump previously accused the group of lawmakers of "sedition at the highest level."
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Fox News Digital reached out to the Department of War and Department of Justice for comment. Sen. Kelly's office did not immediately respond to a request for comment.
Fox News Digital's Alexandra Koch contributed to this report.
Michael Sinkewicz is a writer for Fox News Digital. Story tips can be sent to michael.sinkewicz@fox.com
https://www.foxnews.com/politics/hegseth-appeals-ruling-blocking-punishment-dem-senator-over-illegal-orders-video