Defense Department says it is opening an investigation into Sen. Mark Kelly

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hm1996

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Defense Department says it is opening an investigation into Sen. Mark Kelly
Defense Secretary Pete Hegseth said on X that the video, which set off a political firestorm last week, was "despicable, reckless, and false."

"Five of the six individuals in that video do not fall under @DeptofWar jurisdiction (one is CIA and four are former military but not “retired”, so they are no longer subject to UCMJ). However, Mark Kelly (retired Navy Commander) is still subject to UCMJ—and he knows that," he added.
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I know it's a scare tactic to bring them in line toward the center.
However, IF I had did the same thing during the past POTUS tenure relating to discharging of Service members during the "Covid". I'm pretty sure I would still be in a 4x6 room, with a "Big Chicken Dinner" discharge awaiting me upon release from Kansas.
Now if he was to be charged I might just smile.
 
I remember back sometime around 2010 there was an Army doctor who refused to deploy because of his belief that Obama was a usurper. Right or wrong, he was court-martialed and spent something like 6 months in prison and was stripped of all pay and benefits.
The very least these six should receive is six months in prison and stripped of all their government perks.
Personally, I feel that what they did was far worse than one soldier disobeying an order. These six are elected officials who tried to create an atmosphere of insurrection which is punishable by death. There should be extreme consequences for their actions.
 
"The very least these six should receive is six months in prison and stripped of all their government perks." agree but it's a military trial for Kelly and they won't convict him. No DC court will convict politicians.
 
Sprinkman said:
The very least these six should receive is six months in prison and stripped of all their government perks
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Only ONE is able to be tried under the UCMJ. As the others are 1 from the CIA, 4 are Veterans, not retirees. The one that is retired Navy captain. Veterans are not subject to the UCMJ for x number if days ( usually 30-60 days) UNLESS they committed a crime while serving. Because Retirees are on the Branches payroll they are subject to the UCMJ. Had he turned down his retirement he would not be subject to the UCMJ.

popper43 said:
No DC court will convict politicians.
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That may be true. BUT, if Charged the DC courts have NO jurisdiction in a Court Martial IAW the UCMJ under Title 10 United States Code.
The Military Courts have a 99% conviction rate.
Now is there an appeal yes there is, each branch has a appeal for the Army it's normally the Army board of corrections, After that it's the Supreme Court IF they want to hear it. There is NO other branch of the judiciary eligible or able to hear the case.
www.nolo.com

Appealing a Military Court-Martial Conviction

The military has built-in protections for convicted service members, including automatic review of special and general court-martial convictions.
www.nolo.com www.nolo.com

IT IS A DIFFERANT ANIMAL than the silly ineffective civilian court system.

NOW do I think that the Branch would pursue it .... maybe, maybe not. Actually I suspect they would pass on it. As the senior flag offers are "suppossed" to be a politcal. but in reality they are just as political as the Legislative, Executive, and Judicial branches are. That said the POTUS does have the ability to revoke the commission status of ANY Officer on the spot for ANY reason. Which means no beenies.

BUT!!!!!!!!!!!
It would boil down to IF the Branch JAG interrupts it as a threat to their AUTHORITY to convey orders, in other word if the Secretary of the Navy's Staff "thinks" "Feels" "perceives" his comments as a threat to their Legal Authority. They will turn on the boiler and fry his but Sitting US Senator or not, he is a retiree and subject to their "SOLE" Jurisdiction IAW with US Code Title 10.
If the JAG office in Washington perceives that threat yeah they will burn him alive, No press, NO disclosure until done completed. No interviews... Pass go straight to jail.

To Which under the UCMJ the following charges may or could be used (just a few that comes to mind quickly):
  • Article 92, Failure to Obey an Order or Regulation: Addresses various forms of disobedience, including the failure to obey a lawful general order/regulation, failure to obey other lawful orders, or dereliction in the performance of duties.
  • Article 94, Mutiny and Sedition: These are serious charges aimed at destroying the chain of command or subverting military authority. The UCMJ provides severe penalties, potentially including death, for these offenses.
  • Article 133, Conduct Unbecoming an Officer and a Gentleman: This applies specifically to commissioned officers, cadets, and midshipmen and covers actions that compromise their expected ethical and professional standards.
  • Article 134, The General Article: This broad article covers "all disorders and neglects to the prejudice of good order and discipline in the Armed Forces, all conduct of a nature to bring discredit upon the Armed Forces" that are not covered by other specific articles.
 
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popper43 said:
"The very least these six should receive is six months in prison and stripped of all their government perks." agree but it's a military trial for Kelly and they won't convict him. No DC court will convict politicians.
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Looks to me like no DC court will convict any Demoncrat! Comey and James cases dismissed. No wonder they say "Justice for thee, not for me".
As a Navy veteran, I can't remember ever thinking I had time to figure out the legality of an order given by a superior officer. Navy lingo for acknowledging an order is "Aye, Aye Sir" which means, I hear the order, I understand the order and will carry the order out to the best of my ability". What readiness would our military be in if time was given to analyze an order as to its legality? The morons involved in these videos should be made to issue a public apology!
 
There are actually very few non-legal orders that can be given. The media will try to say there are many and self defense is NOT allowed! Demoncrats have a problem with using National Guard. I left the LA area a few months before the Watts riots, was no real problem til activists started something. Same as the 68 KC riots. Guard was called in (and total city curfew) due to SHOOTINGS at FIRES started by activists. Guard carrying carbines at every major entry into the city. Stop all traffic to investigate their purpose entering the city. YEs, I got stopped going from Ks to Mo. Don't believe the media or Wiki descriptions.
 
Now do I think they (JAG) and the Sec Navy will pursue the above post I made....... NOPE...... they could but won't in my opinion.

However If I was able whisper in the POTUS ear when time is close to the end of his term ... well let's say that Captain would not be retired after I advised the POTUS to have him recalled to AD. As the POTUS can revoke his commission thus end his retirement.
 
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Just noticed the "ActBlue" on the checkout on what @Stu Farish posted . Wonder if they are falling into a trap, by design? POTUS is famous for smoke and mirrors

judiciary.house.gov

Fraud on ActBlue: New Report Details Potential Illegal Activity on the Democrat Platform

WASHINGTON, D.C. – Today, the House Judiciary Committee, the Committee on House Administration, and the House Committee on Oversight and Government Reform released a joint interim staff report titled, "
judiciary.house.gov judiciary.house.gov

IDK just spit balling here. The FEC & the House Judiciary stepping in could be interesting, might even cripple their fundraising to a large degree. Like I said just spit balling.... ok yeah wishful thinking on my part. Love to see them suffer death by a thousand cuts just like they do to us in the legal sense.

Of course Ken Paxton has been after ActBlue like a tick on a hound dog..... maybe good ole Timmy boy needs to earn his keep and get AR to join TX on it.
 
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