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Hegseth subsequently appealed that ruling. Last week, a three-judge panel of the US Court of Appeals for the DC Circuit heard oral arguments and appeared largely skeptical of Hegseth’s attempt to punish Kelly for the video.

A three-judge panel in the U.S. Court of Appeals expressed skepticism over Hegseth’s effort to punish Kelly over the comments during oral arguments last week.

A federal appeals court panel last week appeared skeptical of the Pentagon’s attempt to punish Kelly, with judges questioning whether reminding troops to refuse illegal orders constituted misconduct.

The Pentagon declined to respond to the scope of its legal review, the consequences, and whether the investigation has already begun.

The Pentagon briefs members of Congress on classified materials behind closed doors, but it's unclear whether Kelly violated any disclosure laws, as he did not get into specifics on the volume of weapons used or remaining in the CBS interview.

Sunday on CBS’s “Face the Nation,” Sen. Mark Kelly (D-AZ) called the Trump administration’s $1.5 trillion defense budget request “outrageous.”

Mr. Kelly said the need to replenish munitions does not justify the Trump administration’s “outrageous” $1.5 trillion defense budget request for the coming fiscal year, which he argued would spend money on things the U.S. does not need.

Those concerns come as the Pentagon pushes for a historic $1.5 trillion defense budget next year, roughly a 50% increase over current spending levels, with a significant share earmarked for munitions production and cheaper, mass-produced drone systems. But the spending plan was largely finalized before the war started and does not fully account for the strain the war is placing on U.S. inventories.

Kelly quickly disputed the claim, arguing that the information had already been discussed publicly during an open Senate Armed Services Committee hearing in late April.

Slotkin, who previously worked at the CIA and Pentagon, was targeted with a bomb threat just days after the clip and Trump's subsequent statements suggesting the Democrats be executed. Fox News Digital reached out to Kelly for comment.

Donald Trump had called the six lawmakers traitors who had committed sedition and suggested they should face execution, a comment he later attempted to retract. Days afterwards Slotkin, a former CIA officer, received a bomb threat.

“This administration is pitting our uniformed military and intelligence community professionals against American citizens,” the lawmakers said in the video. “Like us, you all swore an oath to protect and defend this Constitution. Right now, the threats coming to our Constitution aren’t just coming from abroad but from right here at home. Our laws are clear. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution.”

Grand jurors declined to sign off on charges against the lawmakers in February. In November, the Pentagon launched an investigation into Kelly, pointing to a federal law that allows retired service members to be recalled to active duty on orders of the secretary for possible court-martial or other punishment.

But a federal court ruling blocked the Pentagon from demoting the lawmaker over the video. The court also found the Pentagon likely violated Kelly’s First Amendment rights, and those of "millions of military retirees," when it formally censured him on Jan. 5.

“There’s stuff in there, like the Golden Dome — the physics on that stuff is really, really hard. I’m very confident we’re going to spend a lot of money, and we’re going to get a system that doesn’t work. There are other things in there we do not need. They need to submit a defense budget that makes sense for the moment we’re in,” Kelly said.