The current administration has been accused of authorizing and carrying out extrajudicial killings, violating the rules of engagement and potentially committing war crimes. Multiple strikes in the Caribbean Sea and eastern Pacific Ocean have resulted in at least 83 deaths, targeting individuals not officially at war with the U.S. Despite this, orders have been given to kill all targets, including survivors of initial strikes, directly contradicting both military and international law. American service members are reminded that they have the right and duty to disobey unlawful orders, as the “just following orders” defense has been rejected for over half a century. Ultimately, those carrying out these actions, not the commanders, are the ones at risk of facing court-martials, federal indictments, and imprisonment for their actions.
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The Pentagon’s investigation into Senator Mark Kelly, a retired Navy fighter pilot, over a video concerning “illegal orders” has sparked debate among legal experts. Some argue the Pentagon is misinterpreting military law, while others claim a sitting member of Congress cannot be prosecuted. Despite the investigation, Kelly maintains his actions as a senator are protected, and that he will not be deterred from his duties. Military law experts suggest the case could be dismissed, and question if military law can be applied in this situation. Furthermore, constitutional protections, rooted in the separation of powers, may shield Kelly from this investigation.
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The Pentagon has initiated an investigation into Democratic Senator Mark Kelly for potential violations of military law after he participated in a video urging U.S. troops to reject unlawful orders. The Pentagon cited a federal law allowing for the recall of retired service members, like Kelly, for possible court-martial or other actions, indicating his statements may have interfered with military order and discipline. Defense Secretary Pete Hegseth stated Kelly was the only lawmaker targeted because he is the only one who formally retired from the military, placing him under the Pentagon’s jurisdiction. The video, released last Tuesday, also prompted criticism from President Donald Trump who accused the lawmakers of sedition, although reactions from troops online have been minimal.
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Defense Secretary Pete Hegseth has authorized the deployment of up to 600 military lawyers to the Justice Department to serve as temporary immigration judges, prompted by the Trump administration’s increased focus on immigration enforcement and a substantial backlog of approximately 3.5 million cases. The military will begin sending groups of 150 attorneys, both military and civilian, “as soon as practicable.” The move aims to address the strain on immigration courts, compounded by the departure of numerous immigration judges, with the Pentagon’s executive secretary sending the request to his DOJ counterpart. Critics, including the American Immigration Lawyers Association, express concerns regarding the lack of specialized immigration law expertise among the temporary judges and its potential impact on due process, questioning the decision to send in lawyers from the military rather than hiring additional judges.
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John Q. Hosedrinker