WorldWatcher
Platinum Member
You can follow the case at the first link. The actual filing is the second link.
Capt. Kelly (USN, Ret.) and current US Senator is bringing action against SecDef Hegseth on 6 principle grounds which can be addressed in Federal Courts outside the military structure:
First Amendment is pretty obvious.
Speech and Debate Clause - prevents actions against members of Congress for political speech.
Separation of Powers - the Executive branch is attempting to interfer with/punish a member of the Legislative Branch from communicating with constituants.
Due Process - Capt. Kelly was never allowed to respond to charges and the outcome of the "investigation" was predetermined based on political powers and statements clearly in the public record. A pre-determined outcome vioates due process.
10 U.S.C. § 1370 - Govern's final grade determination for military officers and that is a decision that is made at the time of retirement and for conduct while on active duty. That 1370 does not allow for reopening final grade determination and for speech after (many years after) retirement. There have been cases where retired member were recalled for disciplinary action, but - IIRC - those cases were about conduct prior to retirement that came to light after retirement.
Administrative Procedures Act - to quote from the filing: "Under the Administrative Procedure Act (“APA”), courts shall “hold unlawful and set aside agency action” that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)." Bascially that there was no "procedure" used, that the outcome was predetermined and retaliation.
WW
Capt. Kelly (USN, Ret.) and current US Senator is bringing action against SecDef Hegseth on 6 principle grounds which can be addressed in Federal Courts outside the military structure:
- First Amendment,
- Speech or Debate Clause,
- Separation of Powers,
- Due Process,
- 10 U.S.C. § 1370,
- Administrative Procedure Act.
First Amendment is pretty obvious.
Speech and Debate Clause - prevents actions against members of Congress for political speech.
Separation of Powers - the Executive branch is attempting to interfer with/punish a member of the Legislative Branch from communicating with constituants.
Due Process - Capt. Kelly was never allowed to respond to charges and the outcome of the "investigation" was predetermined based on political powers and statements clearly in the public record. A pre-determined outcome vioates due process.
10 U.S.C. § 1370 - Govern's final grade determination for military officers and that is a decision that is made at the time of retirement and for conduct while on active duty. That 1370 does not allow for reopening final grade determination and for speech after (many years after) retirement. There have been cases where retired member were recalled for disciplinary action, but - IIRC - those cases were about conduct prior to retirement that came to light after retirement.
Administrative Procedures Act - to quote from the filing: "Under the Administrative Procedure Act (“APA”), courts shall “hold unlawful and set aside agency action” that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)." Bascially that there was no "procedure" used, that the outcome was predetermined and retaliation.
WW
