Sen. Kelly sues DOD Sec. Hegseth, says he was punished for ‘disfavored political speech’

[Zincwarrior]

Senator Kelly has sued Dept Defense Hegseth and the Pentagon over their efforts to reduce his rank and pay. Suit is in Federal Court. Should be interesting.

Sen. Kelly sues DOD Sec. Hegseth, says he was punished for 'disfavored political speech'

Hegseth said the Pentagon would cut Kelly's military retirement pay over his participation in a video telling U.S. troops they can refuse unlawful orders.

www.cnbc.com

Politics

Sen. Kelly sues DOD Sec. Hegseth, says he was punished for ‘disfavored political speech’​

Key Points

• Sen. Mark Kelly sued the Pentagon and Secretary of Defense Pete Hegseth, accusing them of violating the Constitution by retaliating against him.
• Hegseth said the Defense Department would cut Kelly’s military retirement pay over his participation with other Democratic members of Congress in a video addressed to U.S. troops.

Sen. Mark Kelly on Monday sued the Pentagon and Secretary of Defense Pete Hegseth, alleging the Trump administration’s efforts to punish the Democratic senator for his participation in a video to U.S. troops violate the Constitution.

The federal civil lawsuit in U.S. District Court in Washington was filed one week after Hegseth said his department would cut Kelly’s military retirement pay in response to the video.

The government’s actions “trample on protections the Constitution singles out as essential to legislative independence,” Kelly’s lawyers wrote in the lawsuit, which was also filed against the U.S. Navy Department and its secretary, John Phelan.

“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,” the lawyers wrote.

 

[Rogue AI]

He is still subject to UCMJ, this will go nowhere. Although it will cost him a lot of money in legal fees.

 

[Zincwarrior]

He is still subject to UCMJ, this will go nowhere. Although it will cost him a lot of money in legal fees.

He has money. This is free campaign advertising for him.

And it will likely go everywhere given the protection of Congressional members specifically in the Constitution. We shall see.

 

[Rogue AI]

He has money. This is free campaign advertising for him.

And it will likely go everywhere given the protection of Congressional members specifically in the Constitution. We shall see.

Those protections do not extend to directly addressing troops, most certainly not a Congressional role. A clear violation of the separation of powers. Plus the whole still subject to UCMJ. You folks are barking up the wrong tree.

 

[Zincwarrior]

Those protections do not extend to directly addressing troops, most certainly not a Congressional role.

Says you.

A clear violation of the separation of powers.

Exactly. Thats why Kelly is suing.

 

[Marener]

Those protections do not extend to directly addressing troops, most certainly not a Congressional role. A clear violation of the separation of powers. Plus the whole still subject to UCMJ. You folks are barking up the wrong tree.

Hegseth doesn’t have a leg to stand on and probably knows it. But he can declare a victory by costing Kelly legal fees, which is the intended punishment. Hegseth is seeking to violate free speech.

 

[TimFitz]

He is still subject to UCMJ, this will go nowhere. Although it will cost him a lot of money in legal fees.

The UCMJ says the same thing he did.

There is no case for persecuting him.

 

[WEATHER53]

Pissy pusssy crybaby move

 

[Zincwarrior]

Hegseth doesn’t have a leg to stand on and probably knows it. But he can declare a victory by costing Kelly legal fees, which is the intended punishment. Hegseth is seeking to violate free speech.

Campaign contributions probably cover it. If not politicians are always magically wealthy after a few years.

 

[OhPleaseJustQuit]

Campaign contributions probably cover it. If not politicians are always magically wealthy after a few years.

.

He's a demoKKKrat, if I remember right, and they are not too high up in the popular column these days.

But keep hoping.







.

 

[Marener]

Campaign contributions probably cover it. If not politicians are always magically wealthy after a few years.

Even if he doesn’t pay a dime, the time and attention have costs.

 

[Rogue AI]

Says you.


Exactly. Thats why Kelly is suing.

Did he say this on the Senate floor while in session? No, he did not. He might have had an argument if he did, but alas that is not the case. The legislature has no role in addressing the troops directly, that belongs to the Executive branch.

 

[Rogue AI]

The UCMJ says the same thing he did.

There is no case for persecuting him.

Actually, no, there was a little more to Kelly's seditious tirade. Try harder.

 

[Zincwarrior]

Did he say this on the Senate floor while in session? No, he did not

Doesn't matter. Thats only part of the protection.

 

[Rogue AI]

Doesn't matter. Thats only part of the protection.

Are there any limits to this protection, in your opinion?

 

[Zincwarrior]

Are there any limits to this protection, in your opinion?

Its already in the Constitution.

• Arrest Privilege: Members are privileged from arrest during sessions (and travel to/from) for anything except serious crimes (treason, felony, breach of peace).

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.

This is before any discussion of First Amendment Rights as well.

 

[Rogue AI]

Its already in the Constitution.

• Arrest Privilege: Members are privileged from arrest during sessions (and travel to/from) for anything except serious crimes (treason, felony, breach of peace).

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.

This is before any discussion of First Amendment Rights as well.

Where there you go, breach of the peace by attempting to create dissention in the ranks. See, easy stuff.

 

[Zincwarrior]

Where there you go, breach of the peace by attempting to create dissention in the ranks. See, easy stuff.

Yea...no. Please cite the Federal Law that he violated by telling the truth in a post on the internet, not military law. It will have to have been successfully applied to a member of Congress.

 

[1srelluc]

No standing in federal court.

 

[Rawley]

He has money.

US Gvt has a lot more.