War Secretary Pete Hegseth through the Department of Justice has appealed a court ruling that protects Sen. Mark Kelly, an outspoken anti-Trump senator from Arizona who, along with a bunch of other Democrats, engaged in what has been described as “seditious” talk.

The Washington Examiner said the fight over the comments by Kelly and others suggesting President Donald Trump was issuing “illegal” orders now has been escalated to the U.S. Court of Appeals for the District of Columbia.

Kelly earlier had been protected by Judge Richard Leon, who issued a preliminary ruling that the plans for punishment possibly violated Kelly’s speech rights.

Kelly responded on social media, with, “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.”

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The Pentagon had cited the scandalous video comments in which Kelly and the others urged members of the U.S. military to disobey “illegal” orders, without identifying any.

Kelly was in the Navy 6 years. While the others were in “intelligence” jobs they were not in the military, and that left Kelly as the only one subject to the Uniform Military Code of Justice, which applies to members during and after their service.

The Democrats immediately were called out by White Houser spokeswoman Karoline Leavitt, who said they were “suggesting the president has given illegal orders, which he has not.”

Hegseth sought to demote Kelly and issued a letter of censure, even as the White House labeled the video “seditious.”

Kelly then sued his own government, claiming his comments were protected and the White House was trying to “intimidate” a political opponent.