Another foolish Trump legal misfire coming up?
Department of War Statement
OFFICIAL STATEMENT: The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.). In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures. This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings. The Department of War reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces. Any violations will be addressed through appropriate legal channels. All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful. A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.
Received from Whom?
“The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.)”
Uh… received from whom?
Irony Hoot of the Day
The aptly renamed Department of War official statement says “All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful.”
Excuse me for pointing out that all Kelly said was “Our laws are clear: You can refuse illegal orders“.
Nonetheless …
Witch Hunt Underway
The Wall Street Journal reports the Pentagon Investigates Misconduct Allegations Against Democratic Sen. Mark Kelly
The Pentagon said it is probing allegations of misconduct against Sen. Mark Kelly (D., Ariz.) after he appeared in a video urging troops to disobey unlawful orders.
“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” Kelly said. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
Legal experts questioned the Pentagon’s investigation. Mark Nevitt, a national security law expert at Emory Law School, said the probe raises significant legal and policy concerns.
“For them to essentially threaten an investigation or court-martial is highly, highly unusual,” Nevitt said.
When retired servicemembers come back to face court-martial proceedings, it is usually related to allegations from their time in active duty, he said.
John Altenburg, a retired Army major general and lecturer at the George Washington University Law School, said it was “an inappropriate use of the military justice system.”
Kelly, a retired U.S. Navy captain, appeared in a video with Sen. Elissa Slotkin (Mich.) and Reps. Jason Crow (Colo.), Maggie Goodlander (N.H.), Chris Deluzio (Pa.) and Chrissy Houlahan (Pa.). All of the lawmakers are Democrats.
President Trump has called for the arrest of the lawmakers who appeared in the video, saying their behavior amounted to sedition.
Defense Secretary Pete Hegseth, in a separate social-media post, said that the Defense Department is investigating Kelly’s actions—and that the video “was despicable, reckless, and false.”
But Eugene R. Fidell, who teaches military justice at Yale Law School, said the Pentagon’s investigation was unwarranted.
Kelly’s remarks in the video are “a 100% accurate representation of what the law says,” Fidell said. “No American citizen should have to deal with this type of preposterous investigation.”
A Word About Hegseth
Hegseth is a legal moron. But that is precisely why he was appointed.
Trump’s entire staff was founded on allegiance to Trump, not the constitution.
The Alleged “False” Video
Please play that.
If the link will not play, here’s a Facebook Alternate.
Video Transcript
“Right now, threats are not just coming from abroad, but from right here at home. Our laws are clear. You can refuse illegal orders. You can refuse illegal orders. [repeated] You must refuse illegal orders. No one has to carry out orders that violate the constitution. We know this is hard, and it’s a difficult time to be a public servant. But whether you are serving in the army, our navy, or the air force, your vigilance is critical. And you know we have your back. Now, more than ever, the American people need you. We need you to stand up for our laws, our Constitution and who we are as Americans. Don’t give up. Don’t give up. Don’t give up. Don’t give up the ship.”
Trump Accuses 6 Members of Congress of Sedition, Demands Arrest and Trial
On November 21, 2025 I commented Trump Accuses 6 Members of Congress of Sedition, Demands Arrest and Trial
Mish 2025-11-21: “There is no justice if you resort to unjust and illegal ways to get it. There is no justice in suppressing freedom of speech. And there is no justice in threatening people for saying the obvious truth.“
Trump is guilty of all of the above, and it’s not even debatable.
If Trump is stupid enough to do it, the courts will squash it in about 1 day flat.
But Trump probably won’t won’t do what he says.
Trump is all TACO and no follow-up when anyone stands up to him.
We have seen that with tariffs on China, and all year long with Putin on Russia.
Trump is now sucking up to a communist NYC mayor. For discussion, please see Trump Has Great Meeting With “Rational” New York City Mayor
And my question of the day earlier was Case Against Comey Dismissed, Will Trump Be Silly and Appeal?
It’s all over but the final chapter. Trump’s case against Comey is dead.
Now we have a new question of the day: Will Trump be stupid and go after Senator Kelly?
Addendum
This group knew exactly what they were doing. I suspect they had strong legal advice.
They did a video that said, obey the law. It’s like holding up a sign “Don’t run red lights”.
It legally implies nothing. They wanted an idiotic reaction from Trump and got one.
Massively successful troll job. And funny.
DaddyPig can always be counted on to take the bait.
fair enough and probably true. but if Democrats want to LARP with their own minds and bodies that’s fine. getting between some 18 year old grunt and his chain of command is absolutely disgusting. shame on them.
LARP? How many pizza pies with kids as toppings do you claim Hillary baked? Thousands? Grow up.
They are not getting in the way of anything. How is saying “don’t do things that are illegal” getting in the way of anything? Which 18 yr old soldier? Do you prefer they break the law and beg for forgiveness later? If so, you are not a conservative who believe in law and order, that much is certain.
I would try to address the 37 questions you just reactively asked me. but first let me ask you one. what combat arms unit did you serve in? what patch did you ever wear on your left shoulder or God willing your right? answer that and we can have a conversation. otherwise, I’ll let you and the other Democrats continue to LARP about things you know nothing about.
In other words, you don’t have a response.
another LARP who who knows nothing of service.
the best response to date was when slotkin was asked to explain herself. she had to reference a movie called a few good men. you’re all larps.
So you still don’t have a response
Of course, it is in the public interest to find out who designed, orchestrated and financed this campaign. These Congress-critters did NOT come up with this on their own. Now we have billboards popping up around the country targeting military morale, and an e-amil campaign directed at active duty personnel. Exactly WHO are these Congress-critters working for. I’m sure the camera men had to do 10-20 takes each for that level of production value. I’m certain the Congressmen didn’t pay for any of this. — If the inquiry leads to foreign actors —- Well…..
Sen. Elissa Slotkin, D-Mich, also featured in the video, was forced to acknowledge after pressuring military and intelligence personnel to “refuse illegal orders” to admit on Monday to ABC’s Martha Raddatz that “To my knowledge, I am not aware of things that are illegal—but certainly there are some legal gymnastics that are going on with these Caribbean strikes and everything related to Venezuela.”
Yes, bombing boats to murder people is not Due Process. Due Process is they have drugs, you seize the boat, then try them, find them guilty, then punish them. Ever heard of law and order?
Trump can’t tolerate the lack of fanfare that is our hardworking men and women of the US Coast Guard, who apprehend drug boats all the time.
I bet you are about as certain as I am that NONE of those boats were blown up for having drugs in them, or they would have been able to prove the crime. Instead they engage in extrajudicial maritime executions, and everyone on the right seems okay with it, even if the commander in those waters resigned refusing to comply with those orders, which he called something. I think he called them ILLEGAL
The word is kill for military actions not murder. If he was confident they were truly illegal he would have countermanded them and he wouldn’t have quit. His successors are following them so perhaps privy to information you and I are not.
wha tnonsense. he’s just doing it to harass them, of course there’s no legal basis.
soldiers CAN refuse illegal orders. it’s like telling someone, don’t break the law.
and it’s entirely appropriate to reming them when the admin is sending the marines into cities on BS pretext of fighting crime which isn’t what the marines are supposed to do even if crime was out of control. When he’s blowing up suspected drug runners with no trial and no evidence presented on BS categorizing drug dealers as terrorists.
everyone has seen this movie before and it ends with troops harassing voters at national elections, and otherwise being used as a personal force of the POTUS and his party.
ah that movie. I believe it’s the sequel to the one where an entire political party and the media told us our border was protected while it was being flooded with illegal immigrants and that we had a mentally sound president who was by all accounts brain dead. I think in that original movie heroes like Daniel Penny were also charged with murder. am I right? is that the first movie and the one you’re talking about is the sequel to that one?
the movie i’m talking about ends with our constitution in the gutter, voting a pointless Kabuki dance, and possibly outright fascism.
The border has been a disaster for decades under numerous administrations. Congress STILL has not passed meaningful legal reform, like closing the asylum law loopholes. it’s all done by executive orders, which means the next POTUS can reverse it.
what does Daniel Penny have to do with Biden? he was prosecuted by NYC DA.
and if you thin Trump is of sound mind, perhaps you need a brain scan yourself.
you’re not addressing my comment, just throwing out stupid things Democrats have done. and they have, but none come close to what Trump is doing now. he’s literally using the military for his personal and political gripes, the DOJ as his personal law firm (whic hhe doesn’t even have to pay!). almost all of which is contrary to decades of supposed conservative dogma (like local governance, leaving states alone, not buying equity positions in companies, not gettin g$2B in business from the Saudis while decisign whether to sell them F35s etc.).
stupid begets stupid. that’s my point. 2025 was not the beginning of anything.
repacked whataboutism, we see you
you don’t see me. your TDS blinds you from seeing things. nothing I said was pro trump. I introduced the idea that what those senators did was detrimental to chain of command and that can make life miserable for young soldiers, especially those in combat arms. pointing out something a Democrat does as stupid is not the same thing as supporting trump. you larps would be well off to recognize as much.
Deep in the cult you are.
Again, nothing to add to the conversation except fallacies
“oh you’re not military, you don’t get a say”
“oh but whatabout Obama”
etc etc
You could save your breath and spare us
if you’re going to misquote me, at least attempt to get close … i know, in the larp world accuracy never matters because you live in your own fantasies, but the real world demands a bit more.
…
Aaaand… Still no response, lol
If ya got nothin to add.. watcha yappin for
up late playing dungeons and dragons i see … or is it magic the gathering … what is it you larps do these days when you’re not dressed in black throwing fire at teslas …
ok, you win. i concede 2025 was not the birth of stupid. lol
Trump is much more of an effect than a cause. he’s an effect of the Republican party taking its voters for granted through the first 10 years of the 21st century. and he’s an effect of the Democrat party going way too left socially. take away the Iraq and Afghanistan wars, The Patriot act, in the insanity around dei and transgenderism, and you never have a trump presidency. can’t prove it, but I would bet on it.
The Pentagon is going to be wishing the top legal experts that Trump fired were working for them.
For Americans and our military heroes? It means those same fired experts can defend our responsible lawmakers and the citizens from Trumps regime of corrupt sycophants.
I doubt anyone reading this false allegation has forgotten Trumps direct involvement in the Jan 6th insurrection and attack on our capitol. We also recall clearly the sedition/election interference that is evident in his attempts to interfere with and subsequent denial of the election results.
Equal justice under the law!
24th amendment time for Trump!
>
There was no insurrection. The claim is a Democrat political propaganda operation. The riot was precipitated by Capitol Police firing on the protesters without warning. LAPD announces when they determine a protest to have become an unlawful assembly. The Capitol police chief said he was kept out of the intelligence loop. Something was being done behind his back.
Bullshit!
Perhaps you can lie to yourself like Trump, but we all watched Trump on Fox denying the election results and encouraging the attack.
Now back to your silo…
>>>
“who you gonna believe, me or your lyin’ eyes?”
or your ears, as the bbc would have it …
Trump’s goal here isn’t necessarily to win a case; it’s to signal a cost to anyone who might consider crossing him in future. It’s the same dynamic we see with the BBC—regardless of whether the legal threat succeeds, the point is deterrence. It’s about influence, not litigation.
All Trump’s doing is creating a Dem candidate for 2028.
Had not thought of that. And he is credible, ethical and electable.
Best of all, once elected he would work for the country and not use the office of the presidency as a personal profit center.
If Trump’s goal is to punish Kelly, he needs to read up on the Streisand Effect. Keeping Kelly’s name in the press will only raise his profile. Since he has been mentioned a number of times as a potential 2028 POTUS candidate, that gives him lots of exposure in the press. And, there is no way he will lose a court case for encouraging military personnel to refuse illegal orders.
>> Since he has been mentioned a number of times as a potential 2028 POTUS candidate
Interesting!
Around a decade ago (before Trump’s first run), Seth Meyer spent most of his (funny!) monologue criticizing Trump and his potential as a politician.
It’s impossible to know for sure about a particular example. But I do think TPTB do this kind of guerilla marketing.
They put the stuff out like that, and have ways to measure how it lands. They’re just probing at this point.
I swore that oath.
I hope that Trump goes after Kelly. Just so that Kelly can win in whatever farce court martial or other proceeding that the idiot Hesgeth tries to drum up.
If you swore the oath and meant what you swore, then you know Trump/Hesgeth are idiots. Bone spurs never served and he has no clue what it means to serve. He thinks it’s all about dropping bombs and killing anyone that you are directed to kill. Nothing is further from the truth.
Anyone who thinks otherwise is deluded.
Just curious. Does the UCMJ say that orders are presumed lawful?
eve if it does, so what? it’s still true that they can refuse illegal orders. they may be taking a risk that it’s deemed lawful but this is also something everyone knows.
Objection! Irrelevance
Under U.S. military law, including the Uniform Code of Military Justice (UCMJ), orders are generally presumed to be lawful.
This is a long-standing principle in military discipline and is reflected in case law, training doctrine, and regulations such as the Manual for Courts-Martial (MCM).
Are all orders automatically lawful?No. An order must meet certain criteria to be lawful:
A lawful order must:
What should a private do if he believes an order is unlawful?This is extremely important — a service member has a duty NOT to obey an unlawful order.
However, there is also a requirement to exercise judgment carefully because refusing a lawful order can result in punishment under Article 92, UCMJ.
The expected steps:
Key principle
The classic example of a “manifestly unlawful order” is from the My Lai massacre; courts stated such orders would be obvious to any reasonable person.
Summary
Note: Destruction of civilian property without military necessity applies, let alone the murder of civilians.
Hegseth’s position is that there can be no illegal Trump orders
That was Goering’s position too.
At least Goering could do a pull up
War for oil….it wasn’t stated so clearly last time
When asked by Fox Business host David Asman on many Americans’ reluctance to see the U.S. involved in regime change in Venezuela, Salazar said: “Maduro is not Fidel Castro. Maduro is not a brave boy. He understands that we are about to go in.”
Citing three economic, security and political reasons for U.S. involvement, the congresswomen said that “Venezuela for the American oil companies will be a field day because it will be more than a trillion dollars in economic activity.”
“American companies can go in and fix the oil rigs and everything that has to do with the Venezuelan petroleum companies, with oil and the derivatives.”
“The Venezuelans have the largest reserves of oil in the world, more than Saudi Arabia. This is going to be a windfall for us when it comes to fossil fuels.”
When you check the top ten global reserves, you find we have warred with 5 of the 9 if you include Venezuela, well maybe with ourselves too? All over oil. Follow the money
The Master of the Bone Spurs (not referring to MBS) is now sending one of his flunkies (referring to Hegseth) to go after one of the few military heros we have left (referring to Mark Kelly).
I used to have Mishtalk up as a permanent tab but gave up due to Mish’s TDS.
Good
Is it Mish’s fault you elected an imbecile?
He didn’t just vote for trump he worships him…..huge difference. Has to be a card carrying member of the cult.
If you think that Trump is right here, then you are truly a hard core member of the TWS cult.
bye
If you have TWS (Trump Worship Syndrome) then you really don’t belong here. There’s Breitbart for you clowns filled with endless vile vitriol and stupid people.
They very much do belong here, where they can get slapped with the salmon of reality. Very few of them last though.
Nah, Zerohedge is better, comes with a free dose of racism and then anti-semitism on top of that. If you’re going to go there, might as well go full send
Off to your safe space, snowflake.
funny they need all those safe spaces they built for the left that the left never actually needed to use.
addition by subtraction
BYE FELICIA
“ Received from Whom?”
– Mish
Had to be Bill Pulte. He seems to be the official Whitehouse receptionist on these matters.
Naval Captain, still subject to the Military Code of Justice. Not rocket science. Throw away the key.
I guarantee you didn’t serve.
The entire construction of the video strongly implies that Trump is currently issuing illegal orders and that the chain of command has a legal duty to stand against Trump.
If there are charges, there would be discovery with all the implications.
The individuals can point to no such order that has been issued that is illegal, yet they imply the ship is going down.
The desire here is for rebellion and then the left can rally around a chosen sacrificial lamb (that would be prosecuted for refusing an order) then the media would explode into action to mis-portray the situation in the hopes of wrecking the Presidency.
This speech was not done on the floor of Congress, so it is offered no Congressional protections of speech and debate.
The first President’s term was marked with a titanic amount of illegal violations and many against the American people (such as efforts to destroy free speech) under cover of legal manipulation (such as Comey).
…
(a) Whoever, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States:
(1) advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or
(2) distributes or attempts to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States-
Shall be fined under this title or imprisoned not more than ten years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
(b) For the purposes of this section, the term “military or naval forces of the United States” includes the Army of the United States, the Navy, Air Force, Marine Corps, Coast Guard, Navy Reserve, Marine Corps Reserve, and Coast Guard Reserve of the United States; and, when any merchant vessel is commissioned in the Navy or is in the service of the Army or the Navy, includes the master, officers, and crew of such vessel.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2387&num=0&edition=prelim
…
“This speech was not done on the floor of Congress, so it is offered no Congressional protections of speech and debate.” We the People don’t need special Congressional protections; we have freedom of speech and debate, and this applies to Milley as well. Whether or not specific acts were identified in the video is irrelevant; they are correct in saying that illegal orders can be challenged and disobeyed.
100% agree with you and Mish. I also wish the Dems had been more specific in their video. I think killing 80 nameless people in boats with zero legal processes is presumptively murder. But either way, Kelly has the right to say what he believes. Going after him on these spurious allegations is bullshit – and stupid politically.
This group knew exactly what they were doing. I suspect they had strong legal advice.
They did a video that said, obey the law. It’s like holding up a sign “Don’t run red lights”.
It legally implies nothing. They wanted an idiotic reaction from Trump and got one. Massive successful troll job.
Well, like I said the other day, it’s great to see that Dems enjoy using the US military as political paws, if the intent was to get a rise out of Trump.
And your analogy isn’t exactly apples to apples. Actually, here’s a better one”
“Don’t run this red light (unless you think it’s not legal to have one here).”
That’s the whole point of the video is that it’s forcing the military into playing politics. Why would you pre-emptively remind military personnel to not obey illegal orders, unless you feel the Commander in Chief has given one? And Slotkin was forced to admit that no illegal orders had been issued but then went onto describe the Caribbean strikes as using “legal gymnastics” which is a Mish Hoot of the day.
Slotkin, are they legal or not legal? And what purpose does it make to require the military to figure out what “gymnastics” means. That’s the epitome of playing politics.
Dems are not using anyone as pawns. Trump is the one sending NG into countless cities illegally, i.e. as defined by existing legal statues, i.e. no sending in NG without the jurisdiction requesting it.
Who is a pawn of the Dems in the military? You can’t name anyone.
As to your question about why state refuse illegal orders: “An ounce of prevention is worth a pound of cure. If you think Trump wins this in court, let’s bet your life savings
It’s a legal defense and does not go to whether the Senator was or was not correct.
I don’t have a strong view on this other than I don’t think your characterization here is accurate or wise.
But we definitely know what the Senator is doing. Way too much dishonesty out there and I would wish for this site not to be part of it.
Reminding service members of their responsibilities under the UCMJ is no crime. We were taught about it as cadets and when commissioned reminded of our responsibilities all the time. It is not a violation of the UCMJ to remind military service members of their duties, including that you can’t follow illegal orders. Period.
So this video is an “education in UCMJ?” It is clearly a call for individual to interpret the orders of the Trump administration in a negative light (hence the hyperbole about the ship) in the hopes that someone will defy Trump and the left can rally around the sacrificial lamb.
This is an utter dishonor to the people in the military actually, putting someone of less intelligence at risk. The base assumption, excepting extreme clarity otherwise, is that orders are legal, not illegal. This inverts that.
My bad on my post below. We’re on the same side here. Not sure what I was thinking. Yes, the Congressional video is meant to call into question the validity of Trump’s orders.
Haha that’s rich, facts not in evidence.
Did you serve? I did.
The UCMJ and the oath of office both describe the requirements to serve. The oath specifies that you are supporting and defending the Constitution, and that’s where your loyalty lies. The UCMJ specifies the legal code of conduct of service members. It includes requirements to follow legal orders of all superior officers, and also requires that illegal orders are not to be followed.
Service members are taught that from day one of training as a cadet or an enlistee, and are constantly reminded of that during service. It is not a crime or a violation of the UCMJ for anyone to point this out, even if they no longer serve in the military.
You can argue whether this was a political stunt or not. I frankly don’t care whether it was a stunt or not. What you can’t argue is whether they violated any UCMJ legal requirement or not; they didn’t.
If you served you should know this, and if you served and don’t know this, then shame on you. If you didn’t serve, then you are merely ignorant.
I hope that Hesgeth tries to trump up charges against Kelly bc Kelly will wipe that ignorant idiot Hesgeth clean in the court martial.
I would bet though that Hesgeth and bone spurs will let it drop eventually bc maybe they will realize that a court martial is a fool’s errand. Although with bone spurs behavior on Comey and James, he clearly isn’t smart enough to realize when he has a losing case but presses stupid cases out of hubris and anger.
Are you bleeping crazy.
Let’s cut to the chase, Mish. Because the real source of a lot of opinion on this site is the libertarian world view, of which I surmise you endorse.
Your antipathy toward DJT is partly correct and incorrect. The libertarian views on anti-statism are partly correct and incorrect.
I’ll make this claim. There’s no society where the following happens: unconstrained prostitution is widely available (at your local high school); any drug is legal (like PCP); “marriage” is between any number of consenting persons of whatever age and of whatever sexual persuasion (thus monogamy and families can disappear, children have no bonafide parentage); any contract between people can be enforced (such as organ sales to pay debt); and a nation without borders exists –the promise of libertarian freedom does not exists in any reality whatsoever on earth.
So let’s just move forward here with maximum clarity. (1) I sense that you ‘are’ libertarian. True? (2) if so, then: market in children: for it or against it?
https://mises.org/mises-daily/children-and-rights
Jim has informed Mish his opinions are incorrect. I was there!
“The entire construction of the video strongly implies that Trump is currently issuing illegal orders and that the chain of command has a legal duty to stand against Trump.”
Nope, that’s not what it means. Thank God you’re not a lawyer.
I don’t have a strong opinion on the legality of the video, but I do have a strong opinion about it’s purpose.
See my post above. Sorry about my negative comment.
Shame on Representative Mark Kelly!!! The military is made up of a diverse and varied backgrounds including some with dubious decision-making capacity. The military is about following legal orders because there are dangerous consequences for not only individuals but for all of us when you give massively destructive weapons to single men less than 20 years old. This is the same as yelling fire in a theatre. This is like giving car keys to a drunk. Free speech is not unfettered. Free Speech requires responsibility. Dangerous, stupid and immature on Kelly’s part.
The Trump administration played the adult in the room. Hegseth could have rightly called Kelly back to service and had him face a court material.
For merely restating the law? For reminding people of the oath they took? I’m not sure what offense was committed here. Neither loyalty nor obedience are absolute, which seems to be what you’re arguing here.
I am calling Mark Kelly a coward. He may have been a hero but now he is a coward. If he thinks the orders were illegal say it. Hiding behind semantics is cowardly. The upper level courts have confirmed his use of the national gaurd. He is blowing up boatloads of drugs in international waters. If you dont like it say that Trump should not use the national gaurd and blow up drug boats. Own your opionion.
I am calling him a hero. He goaded trump into a stupid reaction.
I know nothing else about him and likely disagree with him on most things.
You really don’t get how the metagame in politics works, strongnu
“I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
There is nothing in the commissioned officers oath about following orders. An officer can be court marshalled for failure to perform as enumerated above by a military court. In fact, many times orders may not be followed due to the circumstance at hand. The officer discerns what must be done and is responsible for the action taken by their authority.
I took this oath and did not discard my discernment thereby.
However, the action taken by commissioned officers are subject to review and examination by the military command. If those actions are deemed irresponsible or contrary to the oath taken, appropriate action will follow.
You have no clue what you are talking about. Reminding service members of their duties and responsibilities is not dangerous, stupid, nor immature. In fact it is fundamental to the day to day order maintained in the military. Duties, rules of engagement, customs and courtesies are drilled in constantly. Nothing inappropriate about reminding service members of said requirements.
a court material? I guarantee Kelly would not be afraid of that.
Hegseth can’t even tell when Kelly’s photo is a mirror image, he blasts Kelly on social for his medals being out of order before realizing his boneheaded mistake. Hegseth isn’t interested in what is actually right, he is only interested in feeling like he is right.
https://www.youtube.com/watch?v=7jLNL-nvir0
“The aptly renamed Department of War”
Close I’d say almost aptly. They should have renamed it to the “Department of War Crimes”
Department of War Crimes, led by a DUI hire from Fox News
You reveal your ignorance of the gravity of the situation and why the Pentagon must follow through with Kelly.
I’m at a loss to understand how a fair and accurate restatement of the code is a danger.
Surely you’re not arguing a soldier should follow, for an example in the extreme, an order to rape or murder, or to violate an act of congress like the posse comitatus act or something of that nature.
There are limits to obedience, no? There are a lot of dead German officers who tried to argue the opposite, but it didn’t prove persuasive.
Yeah yeah. “You want me on that wall. You need me on that wall.” Whatever.
Please enlighten us
Another one who doesn’t understand what it means to serve.
Kelly rhymes with Calley
Watch and learn about how the law really works
He’ll try and fail or chicken out. Trump is such a clown, but a dangerous clown. Still hoping for falling out a 10 story window and cosmic justice.
I commented this was a possibility as a retired military officer. Military members are held to higher standards than civilians. UCMJ presumes guilt and you need to prove your innocence.
Uniform Code of Military Justice (UCMJ), the foundational federal law of the US military justice system, which incorporates the presumption of innocence. This principle requires the prosecution to prove guilt beyond a reasonable doubt, a standard that applies to courts-martial and administrative separation boards. Sources that support this include the UCMJ itself, official military legal resources, and court decisions.
Concede the point. However, they shotgun you with charges as only need one to convict: 134, 133 & 92.
The UCMJ does not presume guilt.
Just like civilian courts, a service member accused of a crime is presumed innocent until proven guilty.
This is explicitly stated in the Manual for Courts-Martial (MCM), which governs how the UCMJ is applied.
Where it appears in military lawThe MCM, Rule for Courts-Martial (R.C.M.) 301(f) and the Military Judges’ Benchbook state clearly:
And totally consistent with taco’s reign of terror on the USA.