Senator Mark Kelly Strikes Back at the Trump Regime in Federal Court

Senator Kelly has filed a Federal lawsuit against the DoD and Secretary Pete Hegseth for violating his Due Process rights, his First Amendment right to free speech, his immunity under the Congressional Speech and Debate Clause, the Separation of Powers embedded in our Constitution, and the Administrative Proceedures Act.

Having reviewed the complaint, I conclude that Kelly’s case is very strong and he is quite likely to prevail on the merits. He is very likely to recieve his requested relief of “this Court to declare the censure letter, reopening determination, retirement grade determination proceedings, and related actions unlawful and unconstitutional; to vacate those actions; to enjoin their enforcement; and to preserve the status of a coequal Congress and an apolitical military.“

In case you have been under a rock for a while, Senator Kelly and other Congressmembers released a video which reminded active duty militiary personnel that they can disobey illegal orders from their chain of command. You can see the ‘controversial’ video here: https://www.facebook.com/share/r/17gWZjvA6W/

Kelly et al actually undersold the actual language of the Military Code of Conduct: military personnel are REQUIRED to decline illegal orders, not just ABLE to decline such illegal orders (hat tip to Tim Stringham, former JAG officer and a Chief Counsel to Homeland Security, who recently appeared at TheDGT.org for that insight – look for his video in the coming week at the TheDGT’s YouTube Channel & please consider subscribing!)

The Trump Administration immediately retaliated, claiming that Senator Kelly’s perfectly normal reminder of what the law requires was ‘treason punishable by hanging’ (a ridiculous, though wholly characteristic Trumpian assertion). Of course that insane position was immediately backed down to a petty and bitchy administrative retailation using Senator Kelly’s retired status in the Navy.

I am heartened that our Senator Kelly is standing up to this baseless and offensive attack by the Trump Regime. Please contact Senator Kelly and let him know that you fully support him in his effort to slap back at this baseless and cowardly attack, aimed not just at himself, but at all our Constitutional rights as American citizens to criticize and question our government. As Senator Kelly himself has said, if they think they can get away with attacking a sitting US Senator (and retired Naval aviation hero and NASA astronaut, though he does not refer to himself thus), imagine what they think they can get away with against any of us with less priviledge and ability to defend ourselves.