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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 appealed a judge's order that blocked efforts to dock Sen. Mark Kelly's military retirement pay on Thursday.
  • On Thursday, Kelly sued after the DoD moved to penalize him over a video urging refusal of illegal orders, prompting a federal judge to side with Kelly on First Amendment grounds.
  • Kelly described prior prosecution efforts and the grand jury outcome in the interview, saying `The president tried to throw me in jail for something I said, and the grand jury unanimously told them to take a hike, told them no`.
  • A federal district judge earlier this month sided with Kelly on First Amendment grounds, and the appeal by Defense Secretary Pete Hegseth keeps the dispute active.
  • Kelly told Scripps News he has not decided on a 2028 run and is focused on his Senate work, while addressing trade policy and criticizing a 15% tariff claim.
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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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