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LiberalArkie

(19,857 posts)
Mon Jan 5, 2026, 11:31 AM Jan 2026

Pentagon cuts Sen. Mark Kelly's military retirement pay as punishment over 'illegal orders' video By Zachary Cohen 4 MI

This discussion thread was locked as off-topic by Emile (a host of the Latest Breaking News forum).

Source: CNN

Secretary of Defense Pete Hegseth announced Monday that the Pentagon is taking administrative action to punish Sen. Mark Kelly, a retired Navy captain, by cutting his retirement pay for participating in a video where he and other Democratic lawmakers reminded US service members of their duty to refuse illegal orders.

Hegseth said in a post on X that the US military will reduce the amount of retirement pay Kelly receives and has issued a secretarial letter of censure, which would stand as a written reprimand but have no practical consequences for the Arizona Democrat.

“In response to Senator Mark Kelly’s seditious statements — and his pattern of reckless misconduct — the Department of War is taking administrative action against Captain Mark E. Kelly, USN (Ret),” Hegseth posted on X. “The department has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), with reduction in his retired grade resulting in a corresponding reduction in retired pay.”


Read more: https://www.cnn.com/2026/01/05/politics/pentagon-cuts-mark-kellys-retirement-pay-punishment

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Pentagon cuts Sen. Mark Kelly's military retirement pay as punishment over 'illegal orders' video By Zachary Cohen 4 MI (Original Post) LiberalArkie Jan 2026 OP
The "We can do anything you can't stop us from doing" clause. Turbineguy Jan 2026 #1
Yes, because as spoiled children they never learned about rules. Were all our leaders the "Golden Child" growing up? LiberalArkie Jan 2026 #3
Sue their arses off NotHardly Jan 2026 #47
Can any court stop it? Until it reaches the supreme, that is question everything Jan 2026 #2
What is this thing called "Court"? LiberalArkie Jan 2026 #5
Any Federal court can halt this pending an appeal by Sen. Kelly, MarineCombatEngineer Jan 2026 #6
Thanks. I also think that he has a pension as an astronaut, no? question everything Jan 2026 #7
I'm not sure about that, MarineCombatEngineer Jan 2026 #8
And since the amount of the pensin soldierant Jan 2026 #113
If he was active duty while an astronaut it should be part of his Navy pension. Irish_Dem Jan 2026 #12
CAPT Kelly was a military officer detailed to NASA. He was never a NASA employee in the civil service. This action is 24601 Jan 2026 #117
The most deserved grade reduction I ever heard about COL Mustard Jan 2026 #22
Plus, as a Senator, he has at least a couple layers of immunity. Hassin Bin Sober Jan 2026 #26
His name is James Grazioplene jmowreader Jan 2026 #51
Yes, that's the one COL Mustard Jan 2026 #68
I never had the displeasure of dealing with him, probably because he was a tanker... jmowreader Jan 2026 #72
When were you at FSB? A good friend of mine was there in the early 1970s. COL Mustard Jan 2026 #82
Veterans Day 1986 to April 1992 jmowreader Jan 2026 #88
That would have been a fantastic time to be there! COL Mustard Jan 2026 #96
Wonder which court would take this lawsuit? bluestarone Jan 2026 #65
Or, maybe you know, could it be: MarineCombatEngineer Jan 2026 #69
It will go where's it's filed by. Most likely DC. No reason it shouldn't be DC Hassin Bin Sober Jan 2026 #110
didn;t this need a court martial or at least art 15? rampartd Jan 2026 #97
Thank you orangecrush Jan 2026 #102
Yeah, that will be a law suit the Pentagon won't win. Plus just looks petty which is the Trump admin to a tee. dutch777 Jan 2026 #4
Once again... ScratchCat Jan 2026 #9
100% vapor2 Jan 2026 #35
Seriously!!! yellow dahlia Jan 2026 #71
Kelly serves on the Armed Services Committee, and the Select Committee on Intelligence... Grins Jan 2026 #10
As the reputation of the US Military takes a hit. ... littlemissmartypants Jan 2026 #11
Show me the charging documents. Grins Jan 2026 #13
How well versed are you on the UCMJ? Officers resign commision, they aren't discharged (honorably). marble falls Jan 2026 #41
The military will start to turn against Trump. Irish_Dem Jan 2026 #14
So far, the military have been Diddling Donny's patsies. Safe as Milk Jan 2026 #45
I know, the military is up his ass now. Irish_Dem Jan 2026 #58
That would be great, if they did. yellow dahlia Jan 2026 #73
Right now they are up Trump's ass. Irish_Dem Jan 2026 #76
kellly should sue kegsbreath personally moonshinegnomie Jan 2026 #15
These nasty bastards will continue until the American voters stop them. walkingman Jan 2026 #16
Yeah, well.. whathehell Jan 2026 #46
What about the other Senators who made the same statement? Were they not all military veterans? Midnight Writer Jan 2026 #17
The other lawmakers either never retired from service or come from intelligence agencies outside the UCMJ's reach chowder66 Jan 2026 #19
Thanks. Midnight Writer Jan 2026 #20
I looked it up before I saw your post. Glad I could share what I learned. chowder66 Jan 2026 #24
That is my question, too. Deuxcents Jan 2026 #21
I posted an answer to the question above. chowder66 Jan 2026 #25
They will lose in court malaise Jan 2026 #18
Suing the military is a tricky business. ... marble falls Jan 2026 #31
The problem is this ScratchCat Jan 2026 #48
One of the first things I signed when enlisting was a waiver to my access to the Bill of Rights. The very next ... marble falls Jan 2026 #55
Two points in your post LogDog75 Jan 2026 #78
I signed those in the Cleveland Federal Building on Feb 3, 1972. It was a shock when I got them. It still is with me. .. marble falls Jan 2026 #81
I, too, stand by what I wrote LogDog75 Jan 2026 #105
Courts have recognized free speech rights are curtailed madville Jan 2026 #92
The military member is responsible for their actions LogDog75 Jan 2026 #107
Kelly earned every penny of that, and his rank. babylonsister Jan 2026 #23
He was literally just restating the military code! nt SunSeeker Jan 2026 #44
This will not stand. Hogsbreath is turning the Pentagon into a chicken shit outfit. ... marble falls Jan 2026 #27
Will Flynn be next? SheltieLover Jan 2026 #28
and his active dip shit brother Historic NY Jan 2026 #60
Oh yes. I'd forgotten about him SheltieLover Jan 2026 #61
Give me a fucking break, that's absolute nonsense. 🤬 Dave Bowman Jan 2026 #29
Childish nonsense at that! marble falls Jan 2026 #38
What bullshit. TickTock, HogsBreath. Joinfortmill Jan 2026 #30
This is such bullshit. 3catwoman3 Jan 2026 #32
What a punk odins folly Jan 2026 #33
You mean like the January 6, 2020 Insurrection? LogDog75 Jan 2026 #108
Correct odins folly Jan 2026 #109
Sue the crap out of hegsbreath vapor2 Jan 2026 #34
I first read that as: "Slap the crap out of hogsbreath". As a dyslexic, I'm up for either! marble falls Jan 2026 #36
Hegseth says Sen. Mark Kelly will receive administrative punishment for video about lawful orders LetMyPeopleVote Jan 2026 #37
Just because he says he is going to do it doesn't mean he can or will. I am pretty Bev54 Jan 2026 #39
So, we have a decorated, retired Navy captain AND former astronaut losing his retirement pay? hamsterjill Jan 2026 #40
And combat veteran at that. MarineCombatEngineer Jan 2026 #49
I'm sure it'll help recruiters bunches. littlemissmartypants Jan 2026 #70
Recruit?? Traildogbob Jan 2026 #86
Don't they still have recruiters? littlemissmartypants Jan 2026 #89
They do Traildogbob Jan 2026 #90
I think I remember Codifer Jan 2026 #93
College football was plastered with Traildogbob Jan 2026 #94
Roger that, Tdb! Thanks ❤️ littlemissmartypants Jan 2026 #111
🤜🏼🤛🏼 Traildogbob Jan 2026 #112
Memo to Pete Hogsbreath AverageOldGuy Jan 2026 #42
Ret. USMC here, MarineCombatEngineer Jan 2026 #50
FIGHT BACK AGAINST THESE TRUMP CRIMINALS! democrank Jan 2026 #43
Turn you angst into..... MarcoZandrini Jan 2026 #83
Thanks for the tip, MarcoZandrini. democrank Jan 2026 #100
I feel bad for him and his family FredGarvin Jan 2026 #52
Message auto-removed Name removed Jan 2026 #53
At least no limit to what and how they've tried to subvert. marble falls Jan 2026 #57
Statement from Senator Kellly LetMyPeopleVote Jan 2026 #54
Well, since there is no such thing as the Department of War, it has little lasting effect. sinkingfeeling Jan 2026 #56
Punishment for telling servicemembers that they should always make sure to follow the law. Mister Ed Jan 2026 #59
Kegsbreath isn't qualified to hand-wash Kelly's jockstrap. NBachers Jan 2026 #62
and yet we did nothing to the traitorous general when we were in power samsingh Jan 2026 #63
This message was self-deleted by its author Zenlitened Jan 2026 #75
What an asshole.nt jfz9580m Jan 2026 #64
If this does go to court... Pluvious Jan 2026 #66
It's "seditious" and "reckless conduct" to reaffirm the US Code of Military Justice?? Martin Eden Jan 2026 #67
It isn't seditious or reckless, that's why Mark Kelly should fight this in court ... he'll win for sure FakeNoose Jan 2026 #84
It would be a military court Martin Eden Jan 2026 #104
"Department of WAR" - courtesy of B.See Jan 2026 #74
Flag officers and other high-ranking officers and civilians must be very disappointed to have to toe the line to this mi Norrrm Jan 2026 #77
D-I-S-G-U-S-T-I-N-G Faux pas Jan 2026 #79
I think Senator Kelly will win this battle LogDog75 Jan 2026 #80
Another item for the list of things to to when the Democrats are in charge again. Buddyzbuddy Jan 2026 #85
OK Pete we will remember that is an option for once you are out of your position IbogaProject Jan 2026 #87
When Senator Kelly sues, he will have fun using these statements from Hegseth and Bondi LetMyPeopleVote Jan 2026 #91
Hogsbreath sucks... GiqueCee Jan 2026 #95
I prefer Kegsbreath, but otherwise, yeah.... sickening LymphocyteLover Jan 2026 #98
This just sucks. Talk about "weaponization of government". I thought DOD might be above that. I was wrong. Evolve Dammit Jan 2026 #99
FUCK YOU DRUNKEN ASSHOLE orangecrush Jan 2026 #101
Almost seems like Russia has taken over our government thought crime Jan 2026 #103
Sounds like a lawsuit to me. mdbl Jan 2026 #106
The Senators and Representaives ahould read the UCMJ text into the Congressional Record. rickford66 Jan 2026 #114
If There Is An Actual Letter OhioTim Jan 2026 #115
Title of OP is not the same as the actual title of the article posted at the CNN website. Emile Jan 2026 #116

Turbineguy

(40,116 posts)
1. The "We can do anything you can't stop us from doing" clause.
Mon Jan 5, 2026, 11:34 AM
Jan 2026

LiberalArkie

(19,857 posts)
3. Yes, because as spoiled children they never learned about rules. Were all our leaders the "Golden Child" growing up?
Mon Jan 5, 2026, 11:36 AM
Jan 2026
 

NotHardly

(2,705 posts)
47. Sue their arses off
Mon Jan 5, 2026, 01:20 PM
Jan 2026

Whinny GD children in charge of US

question everything

(52,199 posts)
2. Can any court stop it? Until it reaches the supreme, that is
Mon Jan 5, 2026, 11:36 AM
Jan 2026

LiberalArkie

(19,857 posts)
5. What is this thing called "Court"?
Mon Jan 5, 2026, 11:37 AM
Jan 2026

MarineCombatEngineer

(18,119 posts)
6. Any Federal court can halt this pending an appeal by Sen. Kelly,
Mon Jan 5, 2026, 11:41 AM
Jan 2026

it has to be a Fed. court, state courts have no jurisdiction.

question everything

(52,199 posts)
7. Thanks. I also think that he has a pension as an astronaut, no?
Mon Jan 5, 2026, 11:44 AM
Jan 2026

MarineCombatEngineer

(18,119 posts)
8. I'm not sure about that,
Mon Jan 5, 2026, 11:45 AM
Jan 2026

but I would think that any pension regarding his time with NASA is folded into his military pension.

soldierant

(9,360 posts)
113. And since the amount of the pensin
Tue Jan 6, 2026, 02:03 AM
Jan 2026

is based on time served and highest rank successfully served, that should take cade of the time part. But the regime is attacking the rank.

Irish_Dem

(81,741 posts)
12. If he was active duty while an astronaut it should be part of his Navy pension.
Mon Jan 5, 2026, 11:54 AM
Jan 2026

24601

(4,146 posts)
117. CAPT Kelly was a military officer detailed to NASA. He was never a NASA employee in the civil service. This action is
Tue Jan 6, 2026, 07:19 AM
Jan 2026

absolute buillshit. A subsequent administration can not only reverse it, and, subject to Senate approval, could advance his retired rank to Admiral.

COL Mustard

(8,274 posts)
22. The most deserved grade reduction I ever heard about
Mon Jan 5, 2026, 12:23 PM
Jan 2026

Was the retired Army 2-Star who had molested his daughter. The Army couldn't court-martial him because the statute of limitations had expired, but Virginia held him accountable and after he pleaded guilty, Secretary Austin reduced him from O-8 to O-1...all the way down to Second Lieutenant. And there's not a damn thing he could do about it.

In CAPT Kelly's case, this should be a slam dunk. Reminding people to follow the freaking law isn't (or shouldn't be) a crime.

Hassin Bin Sober

(27,472 posts)
26. Plus, as a Senator, he has at least a couple layers of immunity.
Mon Jan 5, 2026, 12:36 PM
Jan 2026

I guess we’ll see what the federal courts say.



Speech or Debate Clause

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.


Which has been construed as protection outside “their house”

jmowreader

(53,251 posts)
51. His name is James Grazioplene
Mon Jan 5, 2026, 01:29 PM
Jan 2026

I wouldn’t put it past King Donald and the Town Drunk to restore his rank since he got busted to butterbar while President Biden was in office.

COL Mustard

(8,274 posts)
68. Yes, that's the one
Mon Jan 5, 2026, 02:30 PM
Jan 2026

I sat in a few meetings with him when he was a 2-star. He’s one of the most foul mouthed people I’ve ever met, and in the Army, that’s saying something. I was shocked when his daughter came forward. She’s very brave.

jmowreader

(53,251 posts)
72. I never had the displeasure of dealing with him, probably because he was a tanker...
Mon Jan 5, 2026, 02:52 PM
Jan 2026

...but from looking at a lot of posts from people who had to, it sounds like he was like a command sergeant major I had to put up with for a year or so.

This particular CSM had served in the Field Station as a first sergeant, went off to another unit outside Berlin to work for a couple of years, got another Berlin assignment, served as our Support Battalion CSM until the Support Battalion commander got sick of his shit, then was transferred to my battalion because just being an asshole isn't justification for forced retirement. So we're sitting in the chow hall one day discussing the new CSM when one of my PFCs asked the question, "so, what is he like?" Someone who'd been in FSB long enough that this guy had been his first sergeant looked at the PFC and said the line that I will remember until the day I die...

"[name] is the worst prick to wear the uniform in the history of the Republic."

After the laughing ceased the good sergeant who said it explained this individual's barracks inspection process. "He'd sniff your bedsheets to see if you were having sex in the barracks."

It turned out to not be quite as bad as we thought it would be because on the day he was finally inflicted on us, our battalion commander (FANTASTIC guy!) called him into his office and informed him that if he didn't mellow the fuck out immediately he was going to have him transferred to Fort Polk, Louisiana, which is not quite like being consigned to Hell but it's not far from it.

COL Mustard

(8,274 posts)
82. When were you at FSB? A good friend of mine was there in the early 1970s.
Mon Jan 5, 2026, 03:40 PM
Jan 2026

I wasn't assigned to the Field Station at Gablingen, but the unit I was in had a detachment there, and I knew a lot of people who were assigned there. There were some very, very smart people there, but some of them were...quirky. I was in Augsburg in the early 1980s.

jmowreader

(53,251 posts)
88. Veterans Day 1986 to April 1992
Mon Jan 5, 2026, 04:10 PM
Jan 2026

I was on CQ the night the Berlin Wall opened. I spent most of my comp day over by the Reichstag taking pictures of people walking on top of it.

COL Mustard

(8,274 posts)
96. That would have been a fantastic time to be there!
Mon Jan 5, 2026, 05:35 PM
Jan 2026

I was watching on TV from suburban DC.

bluestarone

(22,288 posts)
65. Wonder which court would take this lawsuit?
Mon Jan 5, 2026, 02:13 PM
Jan 2026

Would it be in Arizona, i wonder?

MarineCombatEngineer

(18,119 posts)
69. Or, maybe you know, could it be:
Mon Jan 5, 2026, 02:40 PM
Jan 2026

Aileen Mercedes Cannon, United States District Court for the Southern District of Florida Judge.

I've no doubt that Trumpedo and Kegsbreath have considered an appeal and are judge shopping, but I think they've grabbed a Tiger, (Capt./Sen. Mark Kelly) by the tail and don't, either how to let go or they're too fucking stupid to realize the shit storm they've now unleashed.

Sit back, grab the popcorn, and a refreshment of your choice: and enjoy the shit show that's happening even as we speak.

Hassin Bin Sober

(27,472 posts)
110. It will go where's it's filed by. Most likely DC. No reason it shouldn't be DC
Mon Jan 5, 2026, 10:24 PM
Jan 2026

rampartd

(4,732 posts)
97. didn;t this need a court martial or at least art 15?
Mon Jan 5, 2026, 05:39 PM
Jan 2026

orangecrush

(30,618 posts)
102. Thank you
Mon Jan 5, 2026, 08:00 PM
Jan 2026

dutch777

(5,090 posts)
4. Yeah, that will be a law suit the Pentagon won't win. Plus just looks petty which is the Trump admin to a tee.
Mon Jan 5, 2026, 11:37 AM
Jan 2026

ScratchCat

(2,750 posts)
9. Once again...
Mon Jan 5, 2026, 11:52 AM
Jan 2026

IMPEACH AND REMOVE THESE MOFO'S......NOW!!!! Not tomorrow. Not next week. Right. Fucking. Now. This is 100% illegal and every Republican in the Senate knows it.

What in the ever loving fuck do these criminal have to do for Democrats to say NO MORE?!?

vapor2

(4,635 posts)
35. 100%
Mon Jan 5, 2026, 12:42 PM
Jan 2026

I have never used fuck so much since last year. These lawless, cruel assholes need to go

yellow dahlia

(6,123 posts)
71. Seriously!!!
Mon Jan 5, 2026, 02:52 PM
Jan 2026

I can't get through a sentence without saying fuck.

Grins

(9,476 posts)
10. Kelly serves on the Armed Services Committee, and the Select Committee on Intelligence...
Mon Jan 5, 2026, 11:53 AM
Jan 2026

Good luck getting anything through him. And I think many other members of those committees who are going to look at this action for what it is: Political revenge.

littlemissmartypants

(34,000 posts)
11. As the reputation of the US Military takes a hit. ...
Mon Jan 5, 2026, 11:54 AM
Jan 2026

While idiots use the nazi channel for official military business.

Grins

(9,476 posts)
13. Show me the charging documents.
Mon Jan 5, 2026, 11:55 AM
Jan 2026

And I'll show you grounds for a lawsuit.

marble falls

(72,003 posts)
41. How well versed are you on the UCMJ? Officers resign commision, they aren't discharged (honorably).
Mon Jan 5, 2026, 12:49 PM
Jan 2026

Irish_Dem

(81,741 posts)
14. The military will start to turn against Trump.
Mon Jan 5, 2026, 11:59 AM
Jan 2026

You don't mess with their pensions.
They risked their lives for it.

Safe as Milk

(258 posts)
45. So far, the military have been Diddling Donny's patsies.
Mon Jan 5, 2026, 01:19 PM
Jan 2026

They are complying with illegal orders daily. Diddling Donny has them by the balls. Like Congressional GOPers, they are worshipping fascism with the Diddler at the top. Expect nothing else.

Irish_Dem

(81,741 posts)
58. I know, the military is up his ass now.
Mon Jan 5, 2026, 01:49 PM
Jan 2026

But when people start losing pensions, we shall see how they feel.

yellow dahlia

(6,123 posts)
73. That would be great, if they did.
Mon Jan 5, 2026, 02:53 PM
Jan 2026

They understand an oath to the Constitution...and to country.

Irish_Dem

(81,741 posts)
76. Right now they are up Trump's ass.
Mon Jan 5, 2026, 03:06 PM
Jan 2026

But Trump stealing their retirement might wake them the hell up.

moonshinegnomie

(4,030 posts)
15. kellly should sue kegsbreath personally
Mon Jan 5, 2026, 11:59 AM
Jan 2026

for violation of rights under color of law.

walkingman

(10,969 posts)
16. These nasty bastards will continue until the American voters stop them.
Mon Jan 5, 2026, 11:59 AM
Jan 2026

Never underestimate nasty white people.

whathehell

(30,494 posts)
46. Yeah, well..
Mon Jan 5, 2026, 01:20 PM
Jan 2026

Though in definite agreement with your first paragraph, your second suggests a needed reminder that nasty black people are no walk in the park either..Just sayin'.

Midnight Writer

(25,527 posts)
17. What about the other Senators who made the same statement? Were they not all military veterans?
Mon Jan 5, 2026, 12:04 PM
Jan 2026

Why are they singling out one person?

chowder66

(12,345 posts)
19. The other lawmakers either never retired from service or come from intelligence agencies outside the UCMJ's reach
Mon Jan 5, 2026, 12:17 PM
Jan 2026

"The Video That Triggered the Review
The video featured six lawmakers with either military or intelligence backgrounds addressing U.S. service members. Kelly’s comments included the phrase that troops “can refuse illegal orders.” According to reporting from Politico, the Pentagon viewed the message as potentially harmful to “loyalty, morale, or good order and discipline.” Although five other lawmakers appeared in the video, Kelly stands alone as the subject of the review because the Department of Defense determined he remains under UCMJ jurisdiction as a retired Navy captain. The other lawmakers either never retired from service or come from intelligence agencies outside the UCMJ’s reach. That distinction shapes the Pentagon’s current treatment of the matter."

more at link
https://www.military.com/feature/2025/11/25/civilian-office-military-obligations-what-kelly-investigation-reveals-senator-under-military-review.html

Midnight Writer

(25,527 posts)
20. Thanks.
Mon Jan 5, 2026, 12:18 PM
Jan 2026

chowder66

(12,345 posts)
24. I looked it up before I saw your post. Glad I could share what I learned.
Mon Jan 5, 2026, 12:29 PM
Jan 2026

I hope he sues. It's ridiculous since he did this as a civilian senator.

Deuxcents

(27,213 posts)
21. That is my question, too.
Mon Jan 5, 2026, 12:19 PM
Jan 2026

chowder66

(12,345 posts)
25. I posted an answer to the question above.
Mon Jan 5, 2026, 12:30 PM
Jan 2026

malaise

(296,796 posts)
18. They will lose in court
Mon Jan 5, 2026, 12:15 PM
Jan 2026

Sue them Senator Kelly

marble falls

(72,003 posts)
31. Suing the military is a tricky business. ...
Mon Jan 5, 2026, 12:38 PM
Jan 2026
https://puschnguyen.com/truth-can-you-sue-the-military-understanding-your-legal-options/

He may have a case because the damage done was outside of military service. The question is as a retired officer, is anything he does/had done to him outside his military service?

ScratchCat

(2,750 posts)
48. The problem is this
Mon Jan 5, 2026, 01:23 PM
Jan 2026

Mark Kelly is a sitting U.S. Senator. Virtually anything he says as a U.S. Senator is protected political speech. The USMJ or whatever does not have jurisdiction over political speech as no government body does. This does not change simply because Senator Kelly is retired from the US armed forces. Whiskey Pete can't simply make un-factual proclamations and then claim Kelly violated some standard and then institute punishment. It simply wouldn't even withstand a hearing within the Navy. This shit is 100% designed to cause his problems when they know it wont result in anything. This is why Kelly needs to be the fist to call upon The House of Representatives to impeach and remove Hesgeth, Trump, Rubio, Patel and Bondi.

marble falls

(72,003 posts)
55. One of the first things I signed when enlisting was a waiver to my access to the Bill of Rights. The very next ...
Mon Jan 5, 2026, 01:44 PM
Jan 2026

... document I signed put me under the Uniform Code of Military Justice (you know, the code originally devised by Napoleon Bonaparte). This code is written so that when the accused is arrested he is presumed guilty, he gets a chance to prove otherwise in a very well stacked system against him. This memory is the ONLY clear memory I have of being inducted. It strikes me still.

The difference is as discharged enlisted personnel, I am no longer under the UCMJ. Enlisted are discharged. Officer resign their commission (unless there are certain conditions like conduct unbecoming) and are technically still in the military as "inactive", and this alone does not exclude them from coming under the USMJ at some later point.

Whether he can sue or not is up for grabs, until an authority higher than the Pentagon can rule - like the SCOTUS.

Uniform Code of Military Justice is the ultimate oxymoron.

LogDog75

(1,312 posts)
78. Two points in your post
Mon Jan 5, 2026, 03:12 PM
Jan 2026

1. I was enlisted for my entire 28-year military career and enlisting does not waiver your access to the Bill of Rights. You have the same protections under the Bill of Rights as you do in civilian life. You don't lose or have suspended any rights your civilian counterparts have. I've had this discussion when I was in the military and no one who disagreed with me was ever able to provide an example where they lost a right.

2. Enlisted members have a 30-year obligation meaning if they retire after 20 years they'll be in the inactive reserves for 10 years subject to recall. Officers, IIRC, can be brought back to active duty at any time. Both enlisted and officers can be recalled to active duty for any violations of the UCMJ that happened while they were on active duty.

In Senator Kelly's case, he is subject to recall to active duty if he violated the UCMJ. The question is Did he violate the UCMJ? IMO, he did not since he was acting in the capacity of his office as a United States Senator and has the protection of the Constitution from which the UCMJ derives it's authority. IOW, the Constitution trumps the UCMJ. Senator Kelly is well within his First Amendment Rights as well as his the right of his Constitutional office.

marble falls

(72,003 posts)
81. I signed those in the Cleveland Federal Building on Feb 3, 1972. It was a shock when I got them. It still is with me. ..
Mon Jan 5, 2026, 03:22 PM
Jan 2026

... I stand by what I write.

The UCMJ and the Bill of Rights are antithetical to each other - especially in presumption of innocence and due process. They only allowed civilian legal representation in a courts marshal right before I enlisted, and their batting average past some influence on sentencing is not so good. Pretty darned hard to be protected by both at the same time.

LogDog75

(1,312 posts)
105. I, too, stand by what I wrote
Mon Jan 5, 2026, 09:45 PM
Jan 2026

The UCMJ and the Bill of Rights are not antithetical. Military service can impose restrictions on one's actions but the military member is still held responsible for their action(s) if they violate regulations or the UCMJ. For example, a military member can take part in a public demonstration against the president if they are out of uniform and do not state or imply its the policy or position of the military.

I don't know when you enlisted but I enlisted in 1975 and it was made clear what type of actions we can take part in that won't violate military standards. As for a court martial, I've been on a court martial panel (jury) and found the process fair. BTW, we found, unanimously, the individual not guilty of the charges. During my career, a defendant could have a civilian represent them, at their expense, or have a lawyer from the Area Defense Council at no expense.

madville

(7,853 posts)
92. Courts have recognized free speech rights are curtailed
Mon Jan 5, 2026, 04:59 PM
Jan 2026

There have been federal court cases around the subject of limitations to military member’s free speech rights, several of the cases occurred during Vietnam.

The courts have always upheld the military’s authority to limit or curtail members speech rights beyond those of civilians. For reference: United States v. Howe (1967) and Parker v. Levy (1974).

It’s incorrect to say members relinquish all their rights, a more accurate statement is that some constitutional rights are restricted for military members.

I did 21 years, I’ve seen firsthand members lose freedom, rank, pay and receive extra duty as punishment for speaking disparagingly about their command, mostly through NJP.



LogDog75

(1,312 posts)
107. The military member is responsible for their actions
Mon Jan 5, 2026, 09:55 PM
Jan 2026

There are some limitations imposed upon military members but that doesn't prevent them from exercising their Constitutional Rights. Just as the famous ruling on freedom of speech where the Supreme Court said yelling "fire" in a crowded theater is not protected free speech. That doesn't prevent anyone from doing that, it just provides a basis for prosecuting them for doing it. The same goes for military members, if restrictions are placed upon them then violating those restrictions is punishable under the UCMJ. The military member didn't give up any of their rights doing that but they are legally accountable for their actions under the UCMJ.

You served 21 years and I served 28 years and we've both seen examples of troops being punished for a variety of offenses that in the civilian world would have resulted in firing or a write-up. In the military, disrespect is different because of its impact on the unit/base mission. The troops disrespecting command didn't lose their right to say it but when they enlisted they agreed to obey the rules and regulations of the military and that's what they're being punished for.

babylonsister

(172,773 posts)
23. Kelly earned every penny of that, and his rank.
Mon Jan 5, 2026, 12:26 PM
Jan 2026

Besides, what did he say that was seditious? The truth?? These people are FUBARed.

SunSeeker

(58,333 posts)
44. He was literally just restating the military code! nt
Mon Jan 5, 2026, 01:16 PM
Jan 2026

marble falls

(72,003 posts)
27. This will not stand. Hogsbreath is turning the Pentagon into a chicken shit outfit. ...
Mon Jan 5, 2026, 12:36 PM
Jan 2026
?si=_Q8ffq_6x6sMaOw-

SheltieLover

(81,148 posts)
28. Will Flynn be next?
Mon Jan 5, 2026, 12:36 PM
Jan 2026

Asking for a friend...

Historic NY

(40,081 posts)
60. and his active dip shit brother
Mon Jan 5, 2026, 01:50 PM
Jan 2026

SheltieLover

(81,148 posts)
61. Oh yes. I'd forgotten about him
Mon Jan 5, 2026, 01:52 PM
Jan 2026

I doubt if this is legal, but it will be a hassle for Kelly.

Dave Bowman

(7,296 posts)
29. Give me a fucking break, that's absolute nonsense. 🤬
Mon Jan 5, 2026, 12:37 PM
Jan 2026

marble falls

(72,003 posts)
38. Childish nonsense at that!
Mon Jan 5, 2026, 12:45 PM
Jan 2026

Joinfortmill

(21,323 posts)
30. What bullshit. TickTock, HogsBreath.
Mon Jan 5, 2026, 12:38 PM
Jan 2026

3catwoman3

(29,553 posts)
32. This is such bullshit.
Mon Jan 5, 2026, 12:39 PM
Jan 2026

Kegsbreath is a punk.

odins folly

(615 posts)
33. What a punk
Mon Jan 5, 2026, 12:40 PM
Jan 2026
Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority

Fucking little cry babies, what that fuckstick flynn did during Binden years WAS ACTUAL SEDITION but he skated because of the first amendment. I would love to see the next Dem President strip him of everything.

LogDog75

(1,312 posts)
108. You mean like the January 6, 2020 Insurrection?
Mon Jan 5, 2026, 09:56 PM
Jan 2026

odins folly

(615 posts)
109. Correct
Mon Jan 5, 2026, 10:19 PM
Jan 2026

But apparently these charges only apply if you are a Democrat. If you are a republican you get a pass.

Fuck these people….

vapor2

(4,635 posts)
34. Sue the crap out of hegsbreath
Mon Jan 5, 2026, 12:40 PM
Jan 2026

marble falls

(72,003 posts)
36. I first read that as: "Slap the crap out of hogsbreath". As a dyslexic, I'm up for either!
Mon Jan 5, 2026, 12:44 PM
Jan 2026

LetMyPeopleVote

(180,559 posts)
37. Hegseth says Sen. Mark Kelly will receive administrative punishment for video about lawful orders
Mon Jan 5, 2026, 12:44 PM
Jan 2026

Senator Kelly should sue Hegseth. Senator Kelly was repeating black letter law and will be able to use Hegseth's own words against him




https://abcnews.go.com/Politics/hegseth-sen-mark-kelly-receive-administrative-punishment-video/story?id=128911622
Defense Secretary Pete Hegseth, in a post on X, said the Pentagon will hold Democratic Sen. Mark Kelly accountable under the military code of justice for "conduct [that] was seditious in nature," referring to a video Kelly participated in that told United States service members they have a right to refuse unlawful orders.

This is a developing story. Please check back for updates.

Bev54

(13,462 posts)
39. Just because he says he is going to do it doesn't mean he can or will. I am pretty
Mon Jan 5, 2026, 12:46 PM
Jan 2026

sure Kelly will not take this lying down, he will fight back for himself and all others this admin think they can just steam roll over.

hamsterjill

(17,644 posts)
40. So, we have a decorated, retired Navy captain AND former astronaut losing his retirement pay?
Mon Jan 5, 2026, 12:47 PM
Jan 2026

Looks real good for military service, doesn't it?

Assholes!

MarineCombatEngineer

(18,119 posts)
49. And combat veteran at that.
Mon Jan 5, 2026, 01:25 PM
Jan 2026

There is no doubt that this is fueled by Trumpedo with Kegsbreath gleefully carrying out this political retribution.
Can't hardly wait for the first Fed. court to hear this, I'm pretty confident that Trumpedo and Kegsbreath are in for a very rude awakening.

littlemissmartypants

(34,000 posts)
70. I'm sure it'll help recruiters bunches.
Mon Jan 5, 2026, 02:51 PM
Jan 2026

Traildogbob

(13,071 posts)
86. Recruit??
Mon Jan 5, 2026, 04:03 PM
Jan 2026

Mandatory draft, except for the Barons of the ones sending troops to die for their fortunes.
No “Fortunate Son’s” gonna step a boot near danger, or even ever put in a boot.

littlemissmartypants

(34,000 posts)
89. Don't they still have recruiters?
Mon Jan 5, 2026, 04:12 PM
Jan 2026

Traildogbob

(13,071 posts)
90. They do
Mon Jan 5, 2026, 04:19 PM
Jan 2026

But volunteers are going to ICE, huge pay, $60,000 bonus, cool guns and uniforms and guaranteed to not be shot at. Kristy and Hagueseth will kill any one that tries to. With better care than troops, and much better pay. Hang anti ICE from a bridge like the cartel do to discourage speaking out.

Codifer

(1,207 posts)
93. I think I remember
Mon Jan 5, 2026, 05:17 PM
Jan 2026

hearing of a huge expenditure for ice recruitment. They will concentrate on NASCAR races, tractor pulls, UFC cage fighting events and biker gang hangouts.

I would add dive bars and psyche wards and prisons.

Only the best.

Traildogbob

(13,071 posts)
94. College football was plastered with
Mon Jan 5, 2026, 05:21 PM
Jan 2026

Come be an ICE hero. No shooting back, but all the guns and gear you need to play soldier. With Pay “The likes of which the country has never seen”, for soldiers that die for us.

littlemissmartypants

(34,000 posts)
111. Roger that, Tdb! Thanks ❤️
Mon Jan 5, 2026, 11:12 PM
Jan 2026

Traildogbob

(13,071 posts)
112. 🤜🏼🤛🏼
Mon Jan 5, 2026, 11:35 PM
Jan 2026

AverageOldGuy

(3,980 posts)
42. Memo to Pete Hogsbreath
Mon Jan 5, 2026, 01:07 PM
Jan 2026

Go fuck yourself.

Retired US Army, Vietnam vet, spent more time in combat than you have passed out drunk in a whorehouse

MarineCombatEngineer

(18,119 posts)
50. Ret. USMC here,
Mon Jan 5, 2026, 01:26 PM
Jan 2026

I agree wholeheartedly with you.
Semper Fi Army.

democrank

(12,625 posts)
43. FIGHT BACK AGAINST THESE TRUMP CRIMINALS!
Mon Jan 5, 2026, 01:11 PM
Jan 2026

Yes, you’re right….all caps!

MarcoZandrini

(201 posts)
83. Turn you angst into.....
Mon Jan 5, 2026, 03:52 PM
Jan 2026

…..action! Don’t bitch, act.

democrank

(12,625 posts)
100. Thanks for the tip, MarcoZandrini.
Mon Jan 5, 2026, 06:58 PM
Jan 2026

I’ve been an active Democrat for about 6 decades. I’ve volunteered a zillion times, licked envelopes, posted signs, provided rides to meet ups. I’ve marched, protested, joined groups, signed petitions, sent voting reminder postcards, met with representatives, written letters to the Editor, sent emails, made phone calls.

Once in a great while something catches my attention that is so important, I respond in all caps. It rarely happens, but did today. I know a little bit about what some veterans go through during and after serving their country. They will ALWAYS have my support.




 

FredGarvin

(846 posts)
52. I feel bad for him and his family
Mon Jan 5, 2026, 01:31 PM
Jan 2026

Another victim of Trump and the GOP

Response to LiberalArkie (Original post)

marble falls

(72,003 posts)
57. At least no limit to what and how they've tried to subvert.
Mon Jan 5, 2026, 01:48 PM
Jan 2026

LetMyPeopleVote

(180,559 posts)
54. Statement from Senator Kellly
Mon Jan 5, 2026, 01:39 PM
Jan 2026


Over twenty-five years in the U.S. Navy, thirty-nine combat missions, and four missions to space, I risked my life for this country and to defend our Constitution – including the First Amendment rights of every American to speak out. I never expected that the President of the United States and the Secretary of Defense would attack me for doing exactly that.

My rank and retirement are things that I earned through my service and sacrifice for this country. I got shot at. I missed holidays and birthdays. I commanded a space shuttle mission while my wife Gabby recovered from a gunshot wound to the head– all while proudly wearing the American flag on my shoulder. Generations of servicemembers have made these same patriotic sacrifices for this country, earning the respect, appreciation, and rank they deserve.

Pete Hegseth wants to send the message to every single retired servicemember that if they say something he or Donald Trump doesn’t like, they will come after them the same way. It’s outrageous and it is wrong. There is nothing more un-American than that.

If Pete Hegseth, the most unqualified Secretary of Defense in our country’s history, thinks he can intimidate me with a censure or threats to demote me or prosecute me, he still doesn’t get it. I will fight this with everything I’ve got — not for myself, but to send a message back that Pete Hegseth and Donald Trump don’t get to decide what Americans in this country get to say about their government.

sinkingfeeling

(57,859 posts)
56. Well, since there is no such thing as the Department of War, it has little lasting effect.
Mon Jan 5, 2026, 01:48 PM
Jan 2026

Mister Ed

(6,947 posts)
59. Punishment for telling servicemembers that they should always make sure to follow the law.
Mon Jan 5, 2026, 01:49 PM
Jan 2026

It's actually come to that, hasn't it?

NBachers

(19,485 posts)
62. Kegsbreath isn't qualified to hand-wash Kelly's jockstrap.
Mon Jan 5, 2026, 01:55 PM
Jan 2026

samsingh

(18,443 posts)
63. and yet we did nothing to the traitorous general when we were in power
Mon Jan 5, 2026, 01:56 PM
Jan 2026

the one advocating for overthrow of the Biden government.

Response to samsingh (Reply #63)

jfz9580m

(17,367 posts)
64. What an asshole.nt
Mon Jan 5, 2026, 02:03 PM
Jan 2026

Pluvious

(5,422 posts)
66. If this does go to court...
Mon Jan 5, 2026, 02:14 PM
Jan 2026

Hogshead's own words could be used to defend Kelly:



Martin Eden

(15,699 posts)
67. It's "seditious" and "reckless conduct" to reaffirm the US Code of Military Justice??
Mon Jan 5, 2026, 02:29 PM
Jan 2026

Who knew?

FakeNoose

(41,900 posts)
84. It isn't seditious or reckless, that's why Mark Kelly should fight this in court ... he'll win for sure
Mon Jan 5, 2026, 03:55 PM
Jan 2026

I hope he has plans to do exactly that.

It's not that Senator Kelly doesn't have other resources, his salary and benefits as a US Senator are substantial and they will continue no matter what. It's the smirky "gotcha" slap in the face by Hogsbreath that is so maddening, and the fact that he has no legal standing for doing this. Not one iota.

Sen. Kelly should take him to court, and he'll surely win the case.

Martin Eden

(15,699 posts)
104. It would be a military court
Mon Jan 5, 2026, 09:07 PM
Jan 2026

Of course Senator Kelly would easily win the case on merit. However, Kegsbreath fired all the top JAG's. The question is whether the case would be decided on merit or be preordained by officers loyal to the regime rather than their sworn duty.

And, of course, this is a matter of principle. Trump and Hegseth want to punish Mark Kelly any way they can. He is secure financially, but that's not the point. His military career would be officially tarnished.

More importantly, the power to unjustly punish for brazenly political vindictive motives would be reinforced if the punishment was upheld by a military or any other court.

B.See

(8,584 posts)
74. "Department of WAR" - courtesy of
Mon Jan 5, 2026, 02:57 PM
Jan 2026

the MAGA "chosen one" - their "prince of peace."

the would be Nobel Peace Prize winner

Not Department of Defence... WAR. But under Trump, apropos, I think.

Norrrm

(5,225 posts)
77. Flag officers and other high-ranking officers and civilians must be very disappointed to have to toe the line to this mi
Mon Jan 5, 2026, 03:10 PM
Jan 2026

Flag officers and other high-ranking officers and civilians must be very disappointed to have to toe the line to this minor major Hegseth.

Faux pas

(16,418 posts)
79. D-I-S-G-U-S-T-I-N-G
Mon Jan 5, 2026, 03:15 PM
Jan 2026

LogDog75

(1,312 posts)
80. I think Senator Kelly will win this battle
Mon Jan 5, 2026, 03:21 PM
Jan 2026

The question I have is Was there any due process giving Senator Kelly a chance to present evidence to to challenge Hegseth's actions? Under the UCMJ, any person facing an Article 15 or Courts Martial has the right to a public hearing, right to counsel, the right to present evidence, the right to challenge the charges, the right to question their accusers or witnesses, etc... None of these have happened.

Buddyzbuddy

(2,727 posts)
85. Another item for the list of things to to when the Democrats are in charge again.
Mon Jan 5, 2026, 04:00 PM
Jan 2026

We're going to need very serious, tireless people focused on getting all of the changes done. That includes a very strong V.P. that is given the power and trust needed to help right this ship. No figurehead allowed. If a legislator in either body has proven incapable of getting the job done, replace him or her.

Say what you will about the Felon, he got "his" Generals, "his" Justice Dept. and "his" judges. Checks and balances has failed. All that is left are a few righteous judges.

IbogaProject

(5,971 posts)
87. OK Pete we will remember that is an option for once you are out of your position
Mon Jan 5, 2026, 04:09 PM
Jan 2026

I don't like it but fair is fair if you think this is a good tactic for hiring and retaining the best of the best.

LetMyPeopleVote

(180,559 posts)
91. When Senator Kelly sues, he will have fun using these statements from Hegseth and Bondi
Mon Jan 5, 2026, 04:43 PM
Jan 2026

If the administration intends to investigate Democratic veterans in Congress, it should prepare equal treatment for members of the White House Cabinet.

In prior remarks, Hegseth and Bondi also said troops must disobey illegal orders - MS NOW

apple.news/AtPlYxgM_Q1S...

(@oc88.bsky.social) 2025-12-09T17:49:00.527Z

https://www.ms.now/rachel-maddow-show/maddowblog/in-prior-remarks-hegseth-and-bondi-also-said-troops-must-disobey-illegal-orders

CNN reported last week, for example, that Defense Secretary Pete Hegseth, who’s helped advance the partisan offensive against the Democratic veterans, delivered remarks in 2016 explaining that U.S. military personnel “won’t follow unlawful orders from their commander in chief” and described the refusal of illegal commands as a part of the military’s ethos and standards.

CNN also found that, as Election Day 2016 drew closer, the former Fox News host told viewers that service members are “not going to follow illegal orders.”

That is to say, eight years ago, the future Pentagon chief delivered the same message he and Trump are now condemning.

Evidently, Hegseth is not alone. The New York Times reported:

Pam Bondi, the attorney general, said the same thing as the [Democratic] lawmakers last year in a friend-of-the-court brief in the Supreme Court as a lawyer for the America First Policy Institute, a conservative think tank that represented three former military leaders.


In the legal brief, which is available online through the high court’s website, Bondi wrote, “Military officers are required not to carry out unlawful orders.” The Florida Republican added, “The military would not carry out a patently unlawful order from the president to kill nonmilitary targets. Indeed, service members are required not to do so.”

I’m going to go out on a limb and say that the Trump administration won’t launch sedition investigations into the incumbent president’s defense secretary and attorney general, but if officials continue to pursue Democratic veterans in Congress, they should probably prepare an answer to a straightforward question: “Why aren’t you also pursuing cases against the president’s defense secretary and attorney general?”

GiqueCee

(4,407 posts)
95. Hogsbreath sucks...
Mon Jan 5, 2026, 05:30 PM
Jan 2026

... Has this asshole ever even read the Uniform Code of Military Justice? KELLY DID NOTHING WRONG! He quoted the UCMJ on an issue that should be foremost in everyone’s minds right now. Trump and his syphilitic rats have run roughshod over the Constitution and the rule of law, and Republican filth just let him do it.
This not going to end well.

LymphocyteLover

(9,937 posts)
98. I prefer Kegsbreath, but otherwise, yeah.... sickening
Mon Jan 5, 2026, 06:16 PM
Jan 2026

Evolve Dammit

(21,798 posts)
99. This just sucks. Talk about "weaponization of government". I thought DOD might be above that. I was wrong.
Mon Jan 5, 2026, 06:31 PM
Jan 2026

orangecrush

(30,618 posts)
101. FUCK YOU DRUNKEN ASSHOLE
Mon Jan 5, 2026, 07:59 PM
Jan 2026

thought crime

(1,645 posts)
103. Almost seems like Russia has taken over our government
Mon Jan 5, 2026, 08:37 PM
Jan 2026

mdbl

(8,719 posts)
106. Sounds like a lawsuit to me.
Mon Jan 5, 2026, 09:50 PM
Jan 2026

Mark Kelly didn't make seditious statements. Sue that jackass Kegsbreath for defamation and to reinstate his pension. Kegsbreath doesn't deserve to be in his position where he is making a mockery of our armed forces.

rickford66

(6,071 posts)
114. The Senators and Representaives ahould read the UCMJ text into the Congressional Record.
Tue Jan 6, 2026, 02:33 AM
Jan 2026

OhioTim

(392 posts)
115. If There Is An Actual Letter
Tue Jan 6, 2026, 03:23 AM
Jan 2026

sent to Kelly, I'd like to see him burn it in public.

Emile

(42,548 posts)
116. Title of OP is not the same as the actual title of the article posted at the CNN website.
Tue Jan 6, 2026, 07:07 AM
Jan 2026

Last edited Tue Jan 6, 2026, 08:15 AM - Edit history (1)

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