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Message
re: Mark Kelly was informed that he will appear before a General Court Martial
Posted on 1/16/26 at 8:25 am to Larry_Hotdogs
Posted on 1/16/26 at 8:25 am to Larry_Hotdogs
For those point out no jurisdiction for Fed Courts, I know. I pointed that out when Kelly said he filed a lawsuit against Hegseth over it.
That said, there are a multitude of cases under Trump 2.0 where federal courta have ruled in cases where there was no jurisdiction (most recently, the Hamdi case).
That said, there are a multitude of cases under Trump 2.0 where federal courta have ruled in cases where there was no jurisdiction (most recently, the Hamdi case).
This post was edited on 1/16/26 at 9:01 am
0
Posted on 1/16/26 at 8:41 am to Major Dutch Schaefer
I hope he is tried and convicted of treason, but Grok says he has a good chance of winning.....
quote:
Could He Win His Challenge?
It's quite possible—many legal analysts and commentators believe Kelly has a strong case, and the Pentagon's threats may not hold up in court.
federalnewsnetwork.com +1
Here's why:Constitutional Protections: As a sitting U.S. Senator, Kelly is shielded by the Speech or Debate Clause (Article I, Section 6 of the Constitution), which protects members of Congress from executive interference for legislative speech or actions.
reddit.com
Recalling him to active duty would effectively place a legislator under the President's command authority, violating separation of powers—a move experts describe as "dead on arrival" in court.
news.usni.org +1
Additionally, the First Amendment safeguards his right to free speech, particularly on matters of public concern like military obedience to the law.
aei.org +1
Misapplication of Law: Experts argue the Pentagon is overreaching by applying UCMJ to civilian political speech years after retirement. Recalls are typically for serious crimes (e.g., fraud or war crimes), not videos urging lawful conduct.
federalnewsnetwork.com +2
Kelly's lawsuit claims the actions are politically motivated to "chill military dissent" and silence critics.
federalnewsnetwork.com +1
Precedents and Practicality: Such recalls are extremely rare, and courts have historically blocked similar attempts when they infringe on civil liberties. If pursued, a federal judge could issue an injunction quickly to halt proceedings.
reddit.com
Some suggest Congress could intervene by amending Title 10 U.S. Code to limit recalls for post-retirement conduct, further weakening the Pentagon's position.
aei.org
That said, outcomes depend on the court's interpretation, and the case could drag on or be influenced by politics. Kelly has publicly dismissed the probe as "a bunch of bulls---" intended to intimidate, and he's vowing to fight it.
thehill.com
As of now (January 16, 2026), no recall order has been issued, and the lawsuit is ongoing
Posted on 1/16/26 at 8:44 am to Houag80
quote:
Has no standing. This is the military. They will politely tell him to frick his own a$$.
We will not hear from Boasberg for a long while as he works diligently to figure out how he can!!
Posted on 1/16/26 at 8:53 am to Larry_Hotdogs
agreed
Posted on 1/16/26 at 8:58 am to udtiger
quote:
Judge Boasberg on line 1.
No civilian judge can help Mark Kelly.
Mark Kelly is about to learn a lesson by a jury of his military peers that "just political banter that Democrats say" can have consequences.
If I was Mark Kelly, I'd probably come out and expose whomever put out that "illegal orders" mass talking point. That was not a smart move regardless of who the CINC is.
Posted on 1/16/26 at 9:00 am to crimsonsaint
quote:
Is that legit?
I don't think so. I can't find any update since about mid-December.
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