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Kelly confident Hegseth's appeal over military video will fail

The Pentagon challenges a judge’s ruling protecting Sen. Mark Kelly’s pay after he urged troops to resist unlawful orders, citing First Amendment rights in his defense.

  • The Pentagon filed an appeal to overturn the judge's order, challenging the court block on efforts to penalize Sen. Mark Kelly, Arizona senator and retired Navy captain, including docking his military retirement pay.
  • Following the department's penalty move, Kelly sued last month over a video featuring Democratic lawmakers urging refusal of unlawful orders.
  • Kelly also discussed trade and co-sponsorship of tariff legislation in a Scripps News interview, criticizing President Donald Trump's claim on 15% tariffs and backing Lindsey Graham's legislation.
  • Prosecutors reviewed potential charges and a grand jury declined to indict, dropping efforts to press criminal charges against lawmakers, Sen. Mark Kelly said Thursday.
  • Earlier this month a federal district judge issued a preliminary injunction citing First Amendment rights; the Pentagon seeks to reverse that ruling, affecting speech by retired service members in Congress.
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DOJ appeals ruling in Sen. Mark Kelly illegal orders case; Kelly vows: ‘I won’t back down’

U.S. Sen. Mark Kelly , D-Ariz., speaks on the failed grand jury indictment against him during a news conference at the U.S. Capitol on Feb. 11, 2026 in Washington, D.C.  (Photo by Heather Diehl/Getty Images)WASHINGTON — The Trump administration must explain to a circuit court before the end of March exactly why it appealed a lower court’s ruling that allows Arizona Democratic Sen. Mark Kelly to keep his retirement rank and pay while a First Amen…

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KBZK broke the news in on Thursday, February 26, 2026.
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