Captain Kelly (USN, Ret.) and Senator Brings Suit against DOD

[konradv]

"Free speech" is out the window when you're sowing doubt and dissent in the ranks.

Sowing doubt and dissent is all you do.

 

[Darlo kittu]

Poor baby. He must abide by the Uniform Code of Military Justice but his arrogance overtook his blowhole

He can sue, cry, stomp his feet, and huff how he is being targeted

FAFO

 

[Mac1958]

Gee...

..... ..... ..... Where and who would have put up such as stupid plaque.

WW

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It must have been put up by a bunch of evil commies who were paid by Soros and Hillary and Pelosi and Biden and Hitler and Satan and Elvis!

 

[TroglocratsRdumb]

Kelly is a dangerous far left knuttjob.
He is inciting insubordination.
He has taken the side of the Drug Cartels.
He has taken the side of the Marxist Dictator Maduro.
Hopefully he will kicked to curb by the AZ voters.

 

[WorldWatcher]

He is inciting insubordination.

Did Major Hegseth (United States Army) incite insubordination in 2016 when he said the same thing?

WW

 

[0311]

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,
• 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

https://www.courtlistener.com/docket/72131361/kelly-v-hegseth/

https://storage.courtlistener.com/recap/gov.uscourts.dcd.288365/gov.uscourts.dcd.288365.1.0_1.pdf

Senator Kelly said nothing treasonous nor seditious. Service members do not have to obey illegal orders, pure and simple.

 

[Darlo kittu]

Senator Kelly said nothing treasonous nor seditious. Service members do not have to obey illegal orders, pure and simple.

What illegal order was he talking about?

 

[Oddball]

You haven't seen it?

WW
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The most false of false equivalences.

What was Hegseth's position then?

Congressman?...Senator?...Mayor?...Dog catcher?

 

[Oddball]

Except of course, he is: 1) not in the military; 2) he is a member of Congress; 3) he said the exact same thing as the Dec of Defense; 4) he literally recited military law.

He's still under the jurisdiction of the UCMJ....that's why the other seditious hack hasn't been censured.

Hegseth was in no position to be of any influence to anyone when he said what he did.

 

[WorldWatcher]

The most false of false equivalences.

What was Hegseth's position then?

Congressman?...Senator?...Mayor?...Dog catcher?

Major, United States Army

WW

 

[Lockback]

"Just think; at one point I was admired for having had a nice military career, followed by being an astronaut. And then I started getting more and more and more stupid, which is where I am today."

 

[Oddball]

Major, United States Army

WW

Oh...So on duty and giving instruction to men under his command.

As opposed to a retired political ******* hack, seeking to sow doubt in the ranks.

Glad we cleared that up.

 

[Marener]

He's still under the jurisdiction of the UCMJ....that's why the other seditious hack hasn't been censured.

Hegseth was in no position to be of any influence to anyone when he said what he did.

Kelly isn’t being prosecuted under the UCMJ. Hegseth is trying a unilateral administrative move without any due process.

 

[Darlo kittu]

Kelly isn’t being prosecuted under the UCMJ. Hegseth is trying a unilateral administrative move without any due process.

What was the illegal order Kelly and other morons were talking about?

 

[0311]

What illegal order was he talking about?

Any illegal order actually. Being ordered kill unarmed civilian non-combatants is an illegal order, Being ordered to destroy homes is an illegal order. My Lai comes to mind.

 

[Darlo kittu]

Any illegal order actually. Being ordered kill unarmed civilian non-combatants is an illegal order, Being order to destroy homes is an illegal order. My Lai comes to mind.

When asked what illegal order Trump gave not one of them answer the question

The bimbo from MI started talking about film A Few Good Men

 

[WorldWatcher]

Oh...So on duty and giving instruction to men under his command.

As opposed to a retired political ******* hack, seeking to sow doubt in the ranks.

Glad we cleared that up.

No.

WW
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[0311]

Oh...So on duty and giving instruction to men under his command.

As opposed to a retired political ******* hack, seeking to sow doubt in the ranks.

Glad we cleared that up.

Senator Kelly was NOT "On Duty". He correctly stated no member of the United States Military could forced, intimidated or coerced into obeying an Illegal Order. At no time did Senator engage traitorous or seditious language. Under the First Amendment he has right to inform service members of their duty, that is all he did.

 

[WorldWatcher]

Senator Kelly was NOT "On Duty". He correctly stated no member of the United States Military could forced, intimidated or coerced into obeying an Illegal Order. At no time did Senator engage traitorous or seditious language. Under the First Amendment he has right to inform service members of their duty, that is all he did.

He was trying to deflect from Major Hegseth from 2016 saying tghe same thing Capt. Kelly said.

WW

 

[Admiral Rockwell Tory]

Excellent. Good for Kelly. Go after the drunk.

Why would you say that about Lesh? (Lush!)