Judge blocks Trump’s Pentagon from demoting Mark Kelly over 'illegal orders' video

[WorldWatcher]

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Should Major Hegset have been reduced in rank in 2016?

WW

I would never trut her.She lost the election and is in office from cheating. Know who to trust.

You should apply for AG the way you completely ignore the video of Hegseth in the upper part of the video.

WW

 

[WorldWatcher]

Free speech does not exist in the military

Capt. Kelly (USN, Ret.) isn't "in" the military and is now Senator Kelly member of Congress.

WW

 

[WorldWatcher]

And of course this local yokel piss ant has no authority over military courts decisions. It’s just headline grabbing attention seeking TDS from another corrupt child in a black robe

#1 There was no "military court decision".

#2 Yes Article III Judges have jurisdiction over Constitutional issues such as the First Amendment and Speech and Debate Clause.

WW

 

[toobfreak]

In a new embarrassment for Pete Hegseth and Donald Trump., a jjudge just blocked their attempt to demote Mark Kelly for no reason.

WRONG, jackass. Fake news. First of all, you're a lying sack of shit that they were demoting him for "no reason." It was a rather light slap on the wrist for his committing an act of insurrection in direct violation of the military code of conduct.

SECOND: the judge's action is only a TEMPORARY action, it does not get the traitor Kelly off completely nor forever.

Frankly, I think we need a little old school justice. Give Kelly no jail time, no demotion, just lop his hands off at the wrists as a permanent reminder of the seriousness of his crime trying to incite an insurrection within the military against our own US government.

Judge temporarily blocks Pentagon from punishing Sen. Kelly for call to resist unlawful orders

U.S. District Judge Richard Leon ruled that Pentagon officials violated Kelly's First Amendment free speech rights and “threatened the constitutional liberties of millions of military retirees.”

www.pbs.org

Which of course is an idiotic argument that Kelly has any "1st Amendment" right to incite insurrection. If Kelly is innocent, then you are admitting so were the 1600 J6 arrestees who were arrested, imprisoned, and in some cases murdered, for simply exercising THEIR 1A freedom of speech.

Seems the Biden Administration owes the J6ers about a BILLION dollars.

 

[dudmuck]

Won't hold up. The Judicial doesn't have a thing to do with the military. Butt out judge. They can remove anyone from any position in the military. This will be quickly overturned and the judge rempromanded.

this ruling is on a case run by our civilian justice system. A judge just ruled this is an unconstitutional retaliation.

 

[Zincwarrior]

This is a preliminary injunction.

Not a decision on the overall case.

WW

No. Its the decision.

 

[Zincwarrior]

Won't hold up. The Judicial doesn't have a thing to do with the military. Butt out judge. They can remove anyone from any position in the military. This will be quickly overturned and the judge rempromanded.

Yes, it does. Plus Kelly was not in the military.

 

[Clipper]

View attachment 1218333
In a new embarrassment for Pete Hegseth and Donald Trump., a jjudge just blocked their attempt to demote Mark Kelly for no reason.

Trump and Hegseth thought they were slick.

Judge blocks Pentagon from downgrading Sen. Mark Kelly's military rank, pay

A judge banned the Trump administration from taking adverse action against Kelly after he and other Democratic lawmakers urged military members to "refuse illegal orders."

www.cbsnews.com

Slicker then owl shit on a pumpkin.

Which is what they are.

 

[Clipper]

No one said the decision was "on the overall case".
What do you think the outcome will be at the end by the way?

Cuz they just gotta "blieve"!

 

[Clipper]

WRONG, jackass. Fake news. First of all, you're a lying sack of shit that they were demoting him for "no reason." It was a rather light slap on the wrist for his committing an act of insurrection in direct violation of the military code of conduct.

SECOND: the judge's action is only a TEMPORARY action, it does not get the traitor Kelly off completely nor forever.

Frankly, I think we need a little old school justice. Give Kelly no jail time, no demotion, just lop his hands off at the wrists as a permanent reminder of the seriousness of his crime trying to incite an insurrection within the military against our own US government.

Judge temporarily blocks Pentagon from punishing Sen. Kelly for call to resist unlawful orders

U.S. District Judge Richard Leon ruled that Pentagon officials violated Kelly's First Amendment free speech rights and “threatened the constitutional liberties of millions of military retirees.”

www.pbs.org

Which of course is an idiotic argument that Kelly has any "1st Amendment" right to incite insurrection. If Kelly is innocent, then you are admitting so were the 1600 J6 arrestees who were arrested, imprisoned, and in some cases murdered, for simply exercising THEIR 1A freedom of speech.

Seems the Biden Administration owes the J6ers about a BILLION dollars.

Move to IRAN.

 

[Cougarbear]

Yes, it does. Plus Kelly was not in the military.

No it doesn't. A civilian judge has no authority over the military. This will be thrown out quickly.

 

[Mac-7]

WorldWatcher

Wrong

Kelly is still subject to military law

 

[WEATHER53]

And of course this local yokel piss ant has no authority over military courts decisions. It’s just headline grabbing attention seeking TDS from another corrupt child in a black robe

Civilian court can dictate to military?

 

[Godboy]

View attachment 1218333
In a new embarrassment for Pete Hegseth and Donald Trump., a jjudge just blocked their attempt to demote Mark Kelly for no reason.

Trump and Hegseth thought they were slick.

Judge blocks Pentagon from downgrading Sen. Mark Kelly's military rank, pay

A judge banned the Trump administration from taking adverse action against Kelly after he and other Democratic lawmakers urged military members to "refuse illegal orders."

www.cbsnews.com

Kelly will NOT ever make a video like that again. This is an epic win.

 

[Conservative from Georgia]

Kelly will NOT ever make a video like that again. This is an epic win.

They’re going from “they’re going to jail for sedition”, to “he won’t make an identical video because a jury will indict the second identical video!”
LOL

 

[Godboy]

They’re going from “they’re going to jail for sedition”, to “he won’t make an identical video because a jury will indict the second identical video!”
LOL

That ************ wont EVER make a video like that again. You can say whatever you want, but thats the truth. He wont ever push military members to ignore their superiors orders again. No one else in a position of power will either.

 

[struth]

Article III judges have always had jurisdiction over Constitutional issues including Free Speech (United States Constitution, Amendment the First) and progections for Congress under the Speech and Debate Clause (United States Constitution, Article I, Section 6, Clause 1).

WW

So what you are saying by this ruling is that the military can’t punish solders for saying whatever they want…because first amendment

Seems like a slippery slope and undermine the Orloff rule set out by the Supreme Court

I wonder if McCrystal can sue Obama and xiden now

 

[WorldWatcher]

WRONG, jackass. Fake news. First of all, you're a lying sack of shit that they were demoting him for "no reason." It was a rather light slap on the wrist for his committing an act of insurrection in direct violation of the military code of conduct.

SECOND: the judge's action is only a TEMPORARY action, it does not get the traitor Kelly off completely nor forever.

Frankly, I think we need a little old school justice. Give Kelly no jail time, no demotion, just lop his hands off at the wrists as a permanent reminder of the seriousness of his crime trying to incite an insurrection within the military against our own US government.

Judge temporarily blocks Pentagon from punishing Sen. Kelly for call to resist unlawful orders

U.S. District Judge Richard Leon ruled that Pentagon officials violated Kelly's First Amendment free speech rights and “threatened the constitutional liberties of millions of military retirees.”

www.pbs.org

Which of course is an idiotic argument that Kelly has any "1st Amendment" right to incite insurrection. If Kelly is innocent, then you are admitting so were the 1600 J6 arrestees who were arrested, imprisoned, and in some cases murdered, for simply exercising THEIR 1A freedom of speech.

Seems the Biden Administration owes the J6ers about a BILLION dollars.

Now do Hegseth.

Oh, wait, it's different when Hegseth does it, and it was Major Hegseth at the time, subject to the UCMJ.

WW

 

[j-mac]

Civilian court can dictate to military?

Unfortunately Weather53, article 3 courts can interfere, but their jurisdiction is limited.

AI Overview



Yes, an Article III court (specifically the U.S. Supreme Court) can overrule a military court, but only in limited circumstances, generally through collateral review (such as a writ of
habeas corpus) rather than direct appeal. While the military justice system is separate, the Supreme Court retains final authority to review constitutional, jurisdictional, and "full and fair consideration" issues in military cases.
Key Aspects of the Relationship:

• The Supreme Court's Power: The Supreme Court has the final say on the constitutionality of military proceedings and can review decisions from the U.S. Court of Appeals for the Armed Forces (CAAF).
• Limited Scope: Article III courts generally do not retry cases or review factual findings of courts-martial. They focus on whether the military court had jurisdiction, followed proper procedures, or infringed on constitutional rights.
• Final Review: After exhausting all military appellate avenues, including the CAAF, defendants may petition the U.S. Supreme Court.
• Scope of Review: Historically, federal courts only checked if the military court had jurisdiction, but modern standards allow for examining if the military case received "full and fair consideration".

While Congress has wide authority over the military justice system (Article I), it cannot completely exempt military rulings from Constitutional scrutiny by Article III courts.

This will have to go to SCOTUS.

 

[WorldWatcher]

So what you are saying by this ruling is that the military can’t punish solders for saying whatever they want…because first amendment

Nope. That's not what the ruling says.

Capt Kelly (USN, Ret.) is not active and also he's Senator Kelly who has oversight on the military.

WW