Loading …The conflict between the Trump administration and its critics has moved from the campaign trail to the court-martial docket – or at least, the administrative equivalent. In a move that legal scholars are calling “novel” and political opponents are calling “retribution,” Defense Secretary Pete Hegseth has formally initiated proceedings to demote U.S. Senator Mark Kelly and slash his retirement pay.
The trigger? A 90-second video released in November where Kelly – a retired Navy Captain and astronaut – urged service members to “refuse illegal orders.”
This confrontation is not just about one senator’s pension. It is a stress test for the Uniform Code of Military Justice (UCMJ). By attempting to punish a sitting lawmaker for political speech using military regulations, the Pentagon is blurring the bright line between the civilian legislature and the armed forces, raising profound questions about whether a retired officer ever truly leaves the chain of command.
Discussion
Absolutely agree with you! It's about time we see some accountability. Draining the swamp is essential for restoring real law and order.
Absolutely right! It's about time we see some real accountability and cleanup happening. MAGA is definitely on the right path to restoring justice and integrity.
All maga is doing is going against the constitution and doing what T-rump tells them to do they are no following the law or the constitution. When maga is all out of our government then and only then the swamp will be drained. To top it all off he has no right to demote anyone .
nothing the president has orderes or requested to be done is illegal or on-constitutional in the eyes of the Supreme Court. it is only in the eyes of his critics
You are what the communists call a "useful idiot!" Moreove,your statement demonstrates absolutely no understanding of either the Constitution or the UCMJ!
Here's the problem: The right to free speech guaranteed by the 1st amendment was inattentional to make certain we maintained the right to criticize our government. The second problem, U.S. Service men and women are EXPECTED to disobey illegal orders. "Under the Uniform Code of Military Justice (UCMJ) Article 92 and international law, personnel must follow lawful orders but have a duty to refuse those that violate the U.S. Constitution, federal law, or the Geneva Conventions."
Oops, should have put *intentional*
Never in my ten years in the military was I ever given an un-lawful order or in the years since have I heard of one. In my tears active I ocassionally found a better way to complete the mission given but a better way didn't make the original plan Illegal. So, they are a rare thing. but there is a fine line in in criticism and free speech where the military is concerned. I will say one thing don;t ever disobey an order because you THINK it is illegal.
So what Kelly said may not even have been wrong. Do I agree with him? Not necessarily. But the right to free speech MUST be protected, especially when it comes to someone we DON'T agree with.
A leader needs to continue to be a leader and not let political issues which could have very negative outcomes potentially compromise his country!
Kelly is a schmuck and should be disqualified for being on the payroll of a Chinese space company which to say on the CCB payroll
He wasn’t meaning “illegal” orders, that is already in the UCMJ. He was intending to say refuse “any legal orders” from the Commander in Chief that you don’t agree with!
Discipline and accountability should happen when your actions are directly connected to your position, and you should have known better. You can have thousands of "at a boy" but it only takes one "Auwe SH-t" to eliminate years of service.
Kelly is pushing his lop-sided agument to try to boost his own political career & didn't expect to get this amounts of pushback from Sec.Hegseth..FAFO
If a senator invites disobedience to active service men to orders given by commander and chief by calling them illegal why shouldn't he suffer the penalty Of insubordination and held accountable for his actions
Hog head HEGSETH is nothing more than the Epstein pedophile felon dumpy Trumpy’s lap dog. And a wife cheating drunk He has NO CREDIBILITY ID TSKE AN HINOR VETERAN LONG BEFORE S LYIMH PO 💩
OUR President has been faithful and true! No illegal or unconstitutional orders!
When are we going to see the traitors in Congress put in jail. Those who stole money, gave money to enemies,insider trading, stole elections and gave military arms to our enemies. Why are we allowing communists in our government.they should be arrested and jailed.
Traitor, plain and simple.
what do you mean, (no one is above the law?) what about Trump? If Trump doesn't have to testify, neither should anyone else. No matter what party they belong to. This country has gone crazy. I love my country, but I pay that the Orange God will soon be gone. My God is appalled at what he does.
I am with Pete Hegseth.
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The “Seditious” Video
The controversy stems from a coordinated message released last November by six Democratic lawmakers with military or intelligence backgrounds. Amidst reports of the administration using the military for domestic deportations and strikes on drug cartels, the group reminded troops of their duty to disobey unlawful commands.
“Our laws are clear,” Kelly stated in the video. “You can refuse illegal orders. You must refuse illegal orders.”
Secretary Hegseth, however, viewed this not as a civics lesson, but as mutiny. On Monday, he labeled the video “reckless and seditious,” arguing it was “clearly intended to undermine good order and military discipline.”
While five of the lawmakers are civilians or reservists outside Hegseth’s immediate reach, Kelly is a retired Navy Captain receiving a pension. That status, Hegseth argues, keeps him “accountable to military justice.”
The Punishment: Rank, Pay, and Reputation
The Pentagon’s action is two-fold. First, Hegseth issued a formal Letter of Censure, a permanent stain on Kelly’s service record. Second, and more tangibly, he initiated a “retirement grade determination process.”+1
If successful, this would demote Kelly from Captain (O-6) to a lower rank, significantly cutting the pension he earned over 25 years of service, including 39 combat missions in Desert Storm and four Space Shuttle flights.
Constitutional Quick Fact: The UCMJ does indeed apply to “retired members of a regular component of the armed forces who are entitled to pay.” However, invoking it against a sitting U.S. Senator for political speech protected by the First Amendment enters uncharted legal waters. The Supreme Court has rarely addressed the tension between military discipline and a retiree’s right to criticize the Commander-in-Chief.
“Earned the Right to Speak”
Senator Kelly’s response was immediate and blistering, pivoting from a legal defense to a moral indictment of the Commander-in-Chief. In a statement that quickly went viral, Kelly contrasted his own service record with that of the President.
“How many generations of Donald Trump’s family have served in the military? Zero. Donald Trump deferred the draft five times,” Kelly said. “Not everyone has to serve our military, I get that. But when you question my patriotism and lecture me about duty to this country, and threaten me… my service earns me the right to speak.”
This rhetorical counter-punch highlights the personal nature of the feud. Kelly is framing the censure not as a matter of military discipline, but as a political attack by an administration hostile to dissent.
“I Will Fight This”
Senator Kelly’s response was immediate and defiant. He framed the move as an intimidation tactic designed to silence dissent.
“If Pete Hegseth… thinks he can intimidate me with a censure or threats to demote me or prosecute me, he still doesn’t get it,” Kelly said. “I will fight this with everything I’ve got.”
The legal battle will likely hinge on Article 133 (Conduct Unbecoming an Officer) and Article 134 (the “General Article” covering disorders and neglect). Hegseth claims Kelly violated both. Kelly’s defense will almost certainly rest on the First Amendment and the Speech or Debate Clause of the Constitution, arguing that his statements as a Senator cannot be policed by the Executive Branch.
A Chilling Effect?
The broader implication is the message this sends to the officer corps, both active and retired. If a decorated astronaut and sitting Senator can be targeted for demotion for discussing the legal limits of military orders, the space for independent thought within the ranks shrinks dramatically.
Critics argue this transforms the military pension system into a lever of political loyalty—a “golden handcuff” that ensures silence long after a soldier hangs up the uniform. As Kelly faces a 30-day deadline to respond, the Pentagon has effectively opened a new front in the war over who controls the military’s conscience: the officers sworn to the Constitution, or the political appointees sworn to the President.
Finally holding Dem traitors accountable! MAGA is bringing justice to the swamp!