Sen. Mark Kelly said Thursday that the Pentagon is “doubling down on losing” in response to Defense Secretary Pete Hegseth appealing a federal judge’s ruling blocking efforts to dock the Arizona Democrat’s military retirement pay.
Kelly, a retired Navy captain, sued last month after the Defense Department moved to penalize him over a video in which he and other Democratic lawmakers urged service members to refuse illegal orders. Earlier this month, a federal district judge issued a preliminary injunction siding with Kelly, citing his First Amendment rights.
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Hegseth has since appealed the decision.
"I don't expect these guys to give up," Kelly said in an interview with Scripps News. "I mean, we know who they are."
Kelly also addressed reports that the U.S. Attorney for the District of Columbia considered seeking an indictment against him and other lawmakers who appeared in the video. The effort was reportedly dropped after a grand jury declined to indict them.
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"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," Kelly said. "But that's the U.S. Attorney for D.C. Who knows what Donald Trump is going to do? I mean, he could take this to another U.S. attorney and try to indict us again. I would not put anything past these folks."
In the wide-ranging interview with Scripps News, Kelly also weighed in on trade policy, criticizing President Donald Trump’s assertion during his State of the Union address that he does not need congressional approval to maintain certain 15% tariffs. Kelly said Congress has a role in trade authority and pointed to bipartisan legislation that would impose targeted tariffs on countries purchasing Russian oil.
“I am one of the co-sponsors of Lindsey Graham’s legislation” to penalize countries funding Russia’s war in Ukraine, Kelly said, adding that such targeted tariffs should receive a vote in the Senate.
Addressing immigration and the lapse in Department of Homeland Security funding, Kelly said Democrats are seeking changes to Immigration and Customs Enforcement policies before agreeing to restore it.
He called for reforms, including requiring agents to display identification and receive improved training.
"The White House should accept the changes that we want to see, specifically with ICE," Kelly said. "You know, ICE is out of control. It needs to be totally overhauled."
Asked about speculation regarding a potential 2028 presidential run, Kelly said he has not made any decision and is focused on his work in the Senate.
