Another foolish Trump legal misfire coming up?
Department of War Statement
OFFICIAL STATEMENT: The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.). In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures. This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings. The Department of War reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces. Any violations will be addressed through appropriate legal channels. All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful. A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.
Received from Whom?
“The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.)”
Uh… received from whom?
Irony Hoot of the Day
The aptly renamed Department of War official statement says “All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful.”
Excuse me for pointing out that all Kelly said was “Our laws are clear: You can refuse illegal orders“.
Nonetheless …
Witch Hunt Underway
The Wall Street Journal reports the Pentagon Investigates Misconduct Allegations Against Democratic Sen. Mark Kelly
The Pentagon said it is probing allegations of misconduct against Sen. Mark Kelly (D., Ariz.) after he appeared in a video urging troops to disobey unlawful orders.
“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” Kelly said. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
Legal experts questioned the Pentagon’s investigation. Mark Nevitt, a national security law expert at Emory Law School, said the probe raises significant legal and policy concerns.
“For them to essentially threaten an investigation or court-martial is highly, highly unusual,” Nevitt said.
When retired servicemembers come back to face court-martial proceedings, it is usually related to allegations from their time in active duty, he said.
John Altenburg, a retired Army major general and lecturer at the George Washington University Law School, said it was “an inappropriate use of the military justice system.”
Kelly, a retired U.S. Navy captain, appeared in a video with Sen. Elissa Slotkin (Mich.) and Reps. Jason Crow (Colo.), Maggie Goodlander (N.H.), Chris Deluzio (Pa.) and Chrissy Houlahan (Pa.). All of the lawmakers are Democrats.
President Trump has called for the arrest of the lawmakers who appeared in the video, saying their behavior amounted to sedition.
Defense Secretary Pete Hegseth, in a separate social-media post, said that the Defense Department is investigating Kelly’s actions—and that the video “was despicable, reckless, and false.”
But Eugene R. Fidell, who teaches military justice at Yale Law School, said the Pentagon’s investigation was unwarranted.
Kelly’s remarks in the video are “a 100% accurate representation of what the law says,” Fidell said. “No American citizen should have to deal with this type of preposterous investigation.”
A Word About Hegseth
Hegseth is a legal moron. But that is precisely why he was appointed.
Trump’s entire staff was founded on allegiance to Trump, not the constitution.
The Alleged “False” Video
Please play that.
If the link will not play, here’s a Facebook Alternate.
Video Transcript
“Right now, threats are not just coming from abroad, but from right here at home. Our laws are clear. You can refuse illegal orders. You can refuse illegal orders. [repeated] You must refuse illegal orders. No one has to carry out orders that violate the constitution. We know this is hard, and it’s a difficult time to be a public servant. But whether you are serving in the army, our navy, or the air force, your vigilance is critical. And you know we have your back. Now, more than ever, the American people need you. We need you to stand up for our laws, our Constitution and who we are as Americans. Don’t give up. Don’t give up. Don’t give up. Don’t give up the ship.”
Trump Accuses 6 Members of Congress of Sedition, Demands Arrest and Trial
On November 21, 2025 I commented Trump Accuses 6 Members of Congress of Sedition, Demands Arrest and Trial
Mish 2025-11-21: “There is no justice if you resort to unjust and illegal ways to get it. There is no justice in suppressing freedom of speech. And there is no justice in threatening people for saying the obvious truth.“
Trump is guilty of all of the above, and it’s not even debatable.
If Trump is stupid enough to do it, the courts will squash it in about 1 day flat.
But Trump probably won’t won’t do what he says.
Trump is all TACO and no follow-up when anyone stands up to him.
We have seen that with tariffs on China, and all year long with Putin on Russia.
Trump is now sucking up to a communist NYC mayor. For discussion, please see Trump Has Great Meeting With “Rational” New York City Mayor
And my question of the day earlier was Case Against Comey Dismissed, Will Trump Be Silly and Appeal?
It’s all over but the final chapter. Trump’s case against Comey is dead.
Now we have a new question of the day: Will Trump be stupid and go after Senator Kelly?
Addendum
