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Mark Kelly sues Pete Hegseth over 'legally baseless' threats

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The threats followed November’s video statement from Kelly and other lawmakers with military backgrounds telling troops they “can and must refuse illegal orders,” emphasizing that threats to constitutional order can emerge “from right here at home.”

The Trump administration responded with “extreme rhetoric and punitive retribution,” including publicly branding Kelly’s statements seditious and treasonous, according to Kelly’s lawsuit, which was filed in Washington, D.C. Monday.

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Trump, , labeled the Democratic officials “traitors” who “SHOULD BE IN JAIL RIGHT NOW” for behavior he claims is “punishable by DEATH”

The president also reposted several messages from Truth Social users, including a message demanding the president “HANG THEM” like “GEORGE WASHINGTON WOULD !!”

“It appears that never in our nation’s history has the Executive Branch imposed military sanctions on a member of Congress for engaging in disfavored political speech,” according to Kelly’s lawsuit.

If allowed to stand, Hegseth’s attempts to censure Kelly could imperil “protected speech, chill legislative oversight, and threaten reductions in rank and pay,” the lawsuit states.

“Each of these actions also signals to retired service members and members of Congress that criticism of the Executive’s use of the armed forces may be met with retaliation through military channels,” the lawsuit adds.

Mark Kelly sues Pete Hegseth over 'legally baseless' threats

Mark Kelly is in deep trouble. Looking forward to seeing him busted down to private or whatever the lowest rank in the navy is and the removal of his pension.

Ex British Army I never refused to carry out an order.

I may not have always agreed or liked it but to refuse an order by a superior officer or NCO was not an option I even considered.

From what I know of the US Army I doubt if they would be any different.

I have nothing but contempt for Trump Kelly Hegseth and anyone else complicit in this contemptible action.

( I should add that there are ways of obeying an order without actually carrying out that order as intended. 2 - when I retired after 22 years there was only 1 NCO rank above me.)

Presumably you mean contempt? It is Kelly and his five fellow conspirators you should be showing contempt for. I'm surprised it has taken so long.

7 minutes ago, rasg said:

Presumably you mean contempt? It is Kelly and his five fellow conspirators you should be showing contempt for. I'm surprised it has taken so long.

Thanks I've amended it. Automatic spell check to blame.

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3 hours ago, rasg said:

Mark Kelly is in deep trouble. Looking forward to seeing him busted down to private or whatever the lowest rank in the navy is and the removal of his pension.

Nonsense trump and his cronies are deeply terrified of Kelley because he’s the real deal not a New York City trust fund baby who has been protected all of his existence and never suffered the consequences of his actions.

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4 hours ago, Bannoi said:

Ex British Army I never refused to carry out an order.

I may not have always agreed or liked it but to refuse an order by a superior officer or NCO was not an option I even considered.

From what I know of the US Army I doubt if they would be any different.

I have nothing but contempt for Trump Kelly Hegseth and anyone else complicit in this contemptible action.

( I should add that there are ways of obeying an order without actually carrying out that order as intended. 2 - when I retired after 22 years there was only 1 NCO rank above me.)

There were many soldiers hung at Nurenberg because they said, "I was just following orders".

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4 hours ago, JBChiangRai said:

There were many soldiers hung at Nurenberg because they said, "I was just following orders".

Not British soldiers.

10 hours ago, Tug said:

Nonsense trump and his cronies are deeply terrified of Kelley because he’s the real deal not a New York City trust fund baby who has been protected all of his existence and never suffered the consequences of his actions.

Hilarious. Mark Kelly is about to suffer the consequences of his actions.

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14 hours ago, rasg said:

Mark Kelly is in deep trouble. Looking forward to seeing him busted down to private or whatever the lowest rank in the navy is and the removal of his pension.

What crime did Kelly commit? None.

Reminding military personnel of their duty is not a crime.

You have combat ribbons?

Unlawful orders must not be followed. It's in the Pentagon's own Manual of War.

Hegseth is scum. He's the kind of guy who should have been fragged.

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9 minutes ago, rasg said:

Hilarious. Mark Kelly is about to suffer the consequences of his actions.

Which is to say nothing.

You MAGAs do not even know US nor military law. Of course ignorance is your hallmark attribute.

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When this disaster of Trump and his Carnival People Administration is over, Hegseth and a host of others are going to Leavenworth.

10 minutes ago, Wingate said:

Which is to say nothing.

You MAGAs do not even know US nor military law. Of course ignorance is your hallmark attribute.

This will help you.

The U.S. Code (USC) sections and Uniform Code of Military Justice (UCMJ) articles being cited in the actions against Senator Mark Kelly are:

  • 10 U.S.C. § 1370(f): This is the primary U.S. Code section the Department of Defense is using to initiate proceedings to reconsider Kelly's retired rank and pay. This statute governs the rank of retired officers and allows for demotion for "good cause".

  • 10 U.S.C. § 688: The Pentagon is also relying on the authority within this statute, which allows for the recall of certain retired officers to active duty for potential discipline or other administrative measures.

  • 18 U.S.C. § 2387: This federal law, which prohibits actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces, was cited in official statements by the Department of War (Defense) as potentially violated by Kelly's actions.

  • UCMJ Articles 133 and 134: Defense Secretary Pete Hegseth has argued that Kelly's conduct, in a video reminding service members of their right to refuse "illegal orders," constitutes "conduct unbecoming an officer" (Article 133) and "service discrediting" speech (Article 134). These are part of military law, to which Kelly remains subject as a retired officer receiving pay. 

  • Senator Kelly has since filed a lawsuit against the Pentagon, arguing that these actions violate his First Amendment rights and are unconstitutional. The Pentagon has initiated an administrative process and has not brought formal charges in a court-martial as of January 2026

14 minutes ago, Wingate said:

Hegseth is scum. He's the kind of guy who should have been fragged.

He would probably say the same about you.

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