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

"Sedition" kerfuffle continues: The Department of War is not taking the "Seditious Six" Democrats' video urging service members to disobey orders lightly. Sen. Mark Kelly (D-AZ) is under investigation for his participation in the video. Secretary of War Pete Hegseth has assigned the investigation to the secretary of the Navy and given a deadline of December 10 for the results of the review. Hegseth has stressed that, while the video "may seem harmless to civilians," inside the military, given the lack of any specifically mentioned illegal order, it sows confusion and amounts to a "politically-motivated influence operation." President Trump has taken to social media to express his fury over the video in a brash manner —"SEDITIOUS BEHAVIOR, punishable by DEATH!" This story is far from over; it seems unlikely the Democrats in the video knew the trouble they were setting up for themselves.
 
Seditionist Blue Falcon Democrats Stunned to Be Held Accountable for Their Behavior

The six schmucks who appeared in it have been congratulating themselves on their “courage” for the last week. It was the courage to cajole other people into nuking their lives for a news cycle of Democrat spin. Except this time, there is some fallout on the people pushing the button. The Trump administration could have given them a pass. They are used to perpetually getting a pass. But he isn’t offering one this time, and they are mortified. Oh well.

Let’s talk about Captain Mark Kelly, and I emphasize “Captain” because Captain Mark Kelly always uses his rank in his X username and elsewhere, because it’s very important to him that he is a captain. Yes, your rank belongs in your bio because that’s what you were – I’m an O6 too, and it is in my bio. It’s a credential. Take it for what it’s worth. But it’s not in my username. I’m Kurt, just Kurt. I just find it tacky to use rank all the time. So do most other officers. But it’s actually important for other reasons discussed below.
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18 U.S. Code § 2387 - Activities affecting armed forces generally
(a) Whoever, with intent to interfere with, impair, or influence the loyalty,
morale, or discipline of the military or naval forces of the United States:
(1) advises, counsels, urges, or in any manner causes or attempts to
cause insubordination, disloyalty, mutiny, or refusal of duty by any
member of the military or naval forces of the United States; or
(2) distributes or attempts to distribute any written or printed matter which
advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal
of duty by any member of the military or naval forces of the United
States—
Shall be fined under this title or imprisoned not more than ten years, or
both, and shall be ineligible for employment by the United States or any
department or agency thereof, for the five years next following his
conviction.
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That’s the statute. You can make your own judgment. What’s mine? 18 U.S. Code § 2387 is potentially applicable to the conduct on the video. As a lawyer, I can see both sides. I know how I would prosecute it, and how I would defend Captain Kelly using substantive defenses (that he did not violate the statute), a First Amendment defense (free speech), and a Speech and Debate Clause defense (which I think is weak, but I would argue it).
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Seditionist Blue Falcon Democrats Stunned to Be Held Accountable for Their Behavior
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