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

[BackAgain]

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.

War Department.

 

[Zincwarrior]

War Department.

Not until Congress changes it, it isn't.

 

[BackAgain]

Not until Congress changes it, it isn't.

Wrong. It doesn’t require congressional action.

 

[WorldWatcher]

Wrong. It doesn’t require congressional action.

Show us in the United States Code where Congress established the Dept. Of War please.

Wanna bet I can show you the one establishing the Dept. of Defense?

WW

 

[Zincwarrior]

Back to the topic: this overturns Hegseth's actions. I assume he could appeal it, but that would just make Kelly more the martyr.

 

[BackAgain]

Show us in the United States Code where Congress established the Dept. Of War please.

Wanna bet I can show you the one establishing the Dept. of Defense?

WW

Why? It doesn’t take congressional action.

He could write an Exec Order to rename it as “The Department of Peace” and no Congressional action is needed, there, either.

It takes (it took) Congress to give it the authority it has. And Congress by legislation did name it. But that doesn’t demand that the Executive Branch needs Congressional approval to rename it.

It is considered a “secondary title,” anyway.

 

[WorldWatcher]

Why? It doesn’t take congressional action.

He could write an Exec Order to rename it as “The Department of Peace” and no Congressional action is needed, there, either.

It takes (it took) Congress to give it the authority it has. And Congress by legislation did name it. But that doesn’t demand that the Executive Branch needs Congressional approval to rename it.

It is considered a “secondary title,” anyway.

Trump can refer to himself as "Dear Leader the First, Emperor of the Northern Spaces, Admiral of the Gulf of America".

That doesn't change his job under the law as President.

WW

 

[BackAgain]

Trump can refer to himself as "Dear Leader the First, Emperor of the Northern Spaces, Admiral of the Gulf of America".

That doesn't change his job under the law as President.

WW

Thanks Captain Obvious. Way to debate an issue on a matter not even disputed.

And his Executive Order didn’t change the job of the Department of Defense, either.