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re: A federal judge has just BLOCKED SecWar Pete Hegseth from disciplining or demoting seditio

Posted on 2/13/26 at 7:46 am to
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115439 posts
Posted on 2/13/26 at 7:46 am to
Yes.

As I said before.

Strong on feels, bereft of law and fundamentally ignorant of the rights one gives up when they join the military and retire from it as a commissioned officer.

The fact this is "the first time" doesn't make it illegal, nor the fact this guy is a sitting Senator.

This judge has stuck his nose where he shouldn't and he's going ti get slapped down for it.
Posted by lake chuck fan
Vinton
Member since Aug 2011
23801 posts
Posted on 2/13/26 at 7:56 am to
This will likely end up before SCOTUS (since it's concerning a constitutional right) unless Hegseth chooses to let it go, which I doubt will happen.


I asked Grok about this :



quote:

A federal judge just ruled that Department of War can't reduce Senator Mark Kellys rank or pension payments.
Does a federal judge have the authority to to do this? Above whatever the military justice system decides?

Thought for 24s

Yes, a federal judge does have the authority to issue such a ruling, particularly when the case involves allegations of constitutional violations like First Amendment free speech rights. In this instance, U.S. District Judge Richard Leon granted a preliminary injunction blocking the Department of Defense (not "Department of War," which is an outdated term) from downgrading Sen. Mark Kelly's retirement rank or reducing his pension, finding that the Pentagon's actions were unconstitutional retaliation for Kelly's participation in a video urging service members to disregard illegal orders.

nbcnews.com

The judge explicitly rejected the DoD's argument that Kelly's retirement benefits were purely a military matter outside judicial review, emphasizing that federal courts can intervene when executive actions, including those by the military, infringe on protected rights or exceed statutory authority.

aljazeera.com

This authority stems from Article III of the Constitution, which empowers federal courts to review and enjoin actions by federal agencies or departments if they violate federal law or the Constitution. While the military has its own justice system under the Uniform Code of Military Justice (UCMJ), it doesn't operate in isolation—federal civilian courts can oversee military decisions through judicial review, especially for retirees like Kelly, whose case centered on post-retirement conduct and didn't involve an active court-martial.

ms.now

In essence, the judge's ruling takes precedence here because it addresses the legality of the military's proposed actions, halting them pending further litigation. If the DoD proceeds contrary to the injunction, it could face contempt charges or further court orders


This post was edited on 2/13/26 at 8:00 am
Posted by Lg
Hayden, Alabama
Member since Jul 2011
8610 posts
Posted on 2/13/26 at 7:58 am to
quote:

What specific order did Kelly encourage them to disobey?


Any that they FEEL are illegal. This is handled by the COC and there is absolutely no reason for members of Congress to weigh in with a video. None. Personally, I think they made the video trying to persuade the operators taking out the narco drug traffickers that they were following illegal orders.
Posted by boosiebadazz
Member since Feb 2008
85668 posts
Posted on 2/13/26 at 8:14 am to
So is it fair to say Kelly just re-stated what the law is?
Posted by Lg
Hayden, Alabama
Member since Jul 2011
8610 posts
Posted on 2/13/26 at 8:27 am to
quote:

So is it fair to say Kelly just re-stated what the law is?


So isn't it fair to say this should be handled by active duty Commanding officers, not siting Senators?
Posted by boosiebadazz
Member since Feb 2008
85668 posts
Posted on 2/13/26 at 8:42 am to
What did Kelly “handle”? He simply restated the law.

Is that any different than if our poster here Wolfhound would have done it? He’s a retired military officer.
Posted by Lg
Hayden, Alabama
Member since Jul 2011
8610 posts
Posted on 2/13/26 at 8:49 am to
quote:

What did Kelly “handle”? He simply restated the law.


He did it with the intent to make it look like Trump and Hegseth are giving illegal orders. You and I both know why he did it. You can skate around it as much as you want, but I think a military tribunal should decide if what he did was a violation of his military oath.
Posted by cajunangelle
Member since Oct 2012
167482 posts
Posted on 2/13/26 at 8:57 am to
Posted by Bourre
Da Parish
Member since Nov 2012
23920 posts
Posted on 2/13/26 at 9:10 am to
quote:

nbcnews.com

quote:

aljazeera.com

quote:

ms.now


Well, this settles it based on information from the totally unbiased leftwing media
Posted by boosiebadazz
Member since Feb 2008
85668 posts
Posted on 2/13/26 at 9:59 am to
I linked the judge’s opinion a few pages back where he addresses that exact issue. You should read it instead of relying on influencer and AI slop.
This post was edited on 2/13/26 at 10:00 am
Posted by Out da box
Member since Feb 2018
926 posts
Posted on 2/13/26 at 10:38 am to
Yes…that stupid…we’re witnessing the biggest sting operation ever… that judge is added to the seditious list…
Posted by stelly1025
Lafayette
Member since May 2012
10215 posts
Posted on 2/13/26 at 10:39 am to
UCMJ not in his judical authority.
Posted by Clark14
Earth
Member since Dec 2014
27162 posts
Posted on 2/13/26 at 11:04 am to
quote:

We all know you are Marxist scum, Commie Clark. I’d be embarrassed if I was a white guy voting for democrats too. Commie Clark, the Harris Bro….who has the nerve to call other posters dumbass while voting for Harris and Biden. What a puss. lol


Hahahaha, good one dumbass, I bet it hurt your little brain to come up with such a childish post. Good boy, now go take your midol.
Posted by 2024GoTigas
Member since Mar 2024
380 posts
Posted on 2/13/26 at 11:07 am to
There are several post in this thread worthy of bookmarks ….
Posted by Bourre
Da Parish
Member since Nov 2012
23920 posts
Posted on 2/13/26 at 11:08 am to
Commie Clark is triggered, lol. Go cry somewhere else you limp wrist leftist puss
Posted by This GUN for HIRE
Member since May 2022
6078 posts
Posted on 2/13/26 at 11:10 am to
Your ignorance & your tampon are showing
Posted by High C
viewing the fall....
Member since Nov 2012
60995 posts
Posted on 2/13/26 at 11:15 am to
quote:

If they don't have the authority then the OP is fake news


How? The judge made the ruling. The problem is that federal judges have become politicized instead of bias-free interpreters of the law, as the Constitution has assigned them to be. Their overreach has continued to expand since Biden took office.

I’ve begun to dread seeing “a federal judge ruled…”
Posted by dafif
Member since Jan 2019
8428 posts
Posted on 2/13/26 at 3:20 pm to
quote:

Irrelevant, civilian judge has no authority here. This fall under UMCJ. If this dude wants his day in court in this matter that is where it must be heard


I'm only on page 3 of the six page thread so far but my question would be what action was specifically taken exclusively through the military that would cause him to file a case in federal court

I do not know the answer to that but if it is an action filed in the military then I don't think the court can say you have free speech for your actions in the military assuming the rules apply to those that are retired
Posted by dafif
Member since Jan 2019
8428 posts
Posted on 2/13/26 at 3:25 pm to
quote:

That’s a fair distinction. But let’s run it out to its logical conclusion. Does that congressperson lose a First Amendment right to speak out on an issue of national importance the moment they leave the Capitol? Can they express their views back home in their district to their constituents?


Run it the other way

At what point does the military Luz jurisdiction over comment made by retired military personnel

Posted by AlterEd
Cydonia, Mars
Member since Dec 2024
11939 posts
Posted on 2/13/26 at 3:27 pm to
Proud to give you your 218th downvote.
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