READ: A violation of Mark Kelly's rights is a violation of your rights.
The senator from Arizona is being investigated by the Trump administration for the "crime" of telling people NOT to commit crimes.
The Trump administration’s new investigation into Sen. Mark Kelly is already pushing the boundaries of law in the United States, and it will be a test to see how far the American people will let the president go in punishing free speech.
Last week, of course, Kelly appeared in a short video with several Democratic lawmakers reminding members of the military of the basic legal truth that service members must refuse illegal orders. The president lost his marble, deriding it as sedition and treason and suggesting the lawmaker be hung.
Yesterday, as if on cue, the newly renamed Department of War announced a “thorough review” into Kelly — one that could, in theory, recall him to active duty and drag a sitting U.S. senator into a secret military tribunal. The official statement itself was written in a creepy, Orwellian tone. Read each word of it. Tell me it doesn’t sound like the opening to a story about a man being sentenced to a Soviet gulag.
“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.”
To be clear, the government is scrutinizing an elected official for wholly protected political speech. Kelly wasn’t plotting a mutiny, leaking intelligence, or commanding troops. He was speaking — publicly, as an elected representative — about the obligation to uphold the law. Said differently, he’s being investigated for the “crime” of telling people NOT to commit crimes!
I spoke about this at length this morning on our 7:30a.m. ET broadcast for DEFIANCE Radio. Click the radio pic below, or continue reading.
Today's News - The Revenge ramps up, again - Tues, Nov 25
This morning, I hosted another episode of DEFIANCE Radio, our LIVE morning news broadcast, featuring top stories about threats to America from within.
This affects you, even if you think it’s just another Donald Trump volcanic eruption, contained within the DC beltway. It’s not. If the government can investigate a sitting senator for merely re-stating the law in a selfie video, then the barrier protecting ordinary citizens from political retaliation is thinner than a sheet of paper and more see-through than glass.
At this point, the administration is probing the edges of First Amendment protections to see what it can get away with. They know the average citizen won’t parse the difference between a military “review” and a prosecution. And they know the spectacle alone (the public naming, the hint of criminality, and the threat of consequences) might be enough to chill speech nationwide.
Mark Kelly is a test case. For what, you ask? The White House wants to know whether they can make ordinary people question the decision to speak out. Sadly, the silence from elected Republicans confirms that the deterrent is working for some people. Members of Congress who tried to blame Democrats after Charlie Kirk’s assassination are suddenly mute about “political violence” even as the president calls for the possible execution of a Navy combat veteran.
This is surely stating the obvious. But if the First Amendment means anything at all, it’s that Americans should be able to speak freely about politics, whether it’s about the law or the people who hold power, without any fear of government retribution. Once the government begins policing speech on the basis of political displeasure, like it has just done in the Mark Kelly case, dissent starts to become suspect… criticism becomes “sedition”… and then, all of a sudden, ordinary citizens are being tried for “treason.”
We have seen milder versions of this before in American history (see: John Adams, Woodrow Wilson, Joseph McCarthy, Richard Nixon), but never has a president so openly demanded punishment for opponents and watched as institutions scrambled dutifully to comply, wielding myriad powers to attack the president’s targets.
However, Kelly’s case is different in one crucial respect. It signals that the administration is now exploring how to weaponize military law against civilian speech. If that experiment succeeds, the implications will reach well beyond Congress. So whatever happens with the Kelly investigation — even if it’s a sham investigation — matters a great deal to all of us.
Your friend, in defiance,
P.S. WHAT’S HAPPENING ON DEFIANCE.NEWS
Here’s what’s coming up.
TODAY / 1245pm ET - Hardball with
- I’ll be joining Substack LIVE with Chris. Tune in!TODAY / 3pm ET - The Secret Life of Cookies with
- I don’t know if we’ll be baking anything on this Substack LIVE, but we will be cooking this administration’s corruption. (Dad jokes are getting worse. I know.)TOMORROW / DEFIANCE Radio / 7:30 am ET - by popular demand, we’ve slid the start time of our weekly broadcasts to 7:30 a.m. ET, every week day, LIVE right here on Substack. You can tune into tomorrow’s broadcast here.
TOMORROW / DEFIANCE.org Weekly Spotlight / 5pm ET - This is an important one. Join us LIVE as we roll out this week’s actions to push back against Congressional cowardice…PLUS we get to surprise this week’s grantee. Watch LIVE here on DEFIANCE.News or on YouTube.
NOTE: DEFIANCE Radio will NOT be broadcasting Thursday or Friday in observance of the Thanksgiving holiday.
We all need to speak out against this and show this administration that we reject this attack and support Senator Kelly, a man who spent his entire adult life in service to this country. The Department of Defense is making a huge miscalculation on this one.
If this charade is successful, why would anyone agree to serve in the military if that will be a millstone hung around their necks for the rest of their lives after they have left the service? The six members of Congress (a political body) must be able to speak out on political matters even if they disagree with the president! "The Major" (as the military brass laughingly refer to DUI-hire hegseth) is a moronic meat puppet at best.