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’s investigation into Senator Mark Kelly, regarding a video advising troops to reject “illegal orders,” has sparked debate among legal experts. Some suggest the Pentagon is overstepping its authority by applying military law to a retired service member, while others question the jurisdiction given Kelly’s role as a senator. Critics argue that Kelly’s actions, which were made as a civilian, and his First Amendment rights should be protected, with some experts predicting the investigation will likely be dismissed. Furthermore, constitutional law experts suggest that the investigation may violate the separation of powers.
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The Pentagon announced an investigation into Senator Mark Kelly, a Democratic Senator from Arizona, following a video he recorded urging the military to disobey illegal orders. Kelly, a Navy veteran, responded that he would not be intimidated by the administration, while his colleague, Senator Ruben Gallego, condemned the investigation as “insane.” The video, along with similar ones from other Democrats, sparked outrage from the Trump administration, leading to incendiary statements from Trump and Defense Secretary Pete Hegseth, who referred to the lawmakers as the “Seditious Six”. Republican lawmakers have largely remained silent, despite increased threats of violence against the Democrats.
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Forty-two Democrats are demanding a Pentagon investigation into SpaceX’s potential involvement in President Trump’s proposed “Golden Dome” anti-missile defense system, citing potential conflicts of interest due to Elon Musk’s political ties. Senators Warren, Booker, and Duckworth echoed these concerns, requesting transparency regarding the bidding process for the $175 billion (Trump’s estimate) project. The system, inspired by Israel’s Iron Dome, aims to counter advanced Chinese and Russian missiles, but faces criticism for its cost and potential for escalating space militarization. Concerns are heightened by China and Russia’s condemnation of the project as destabilizing.
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Pete Hegseth, a Pentagon official, is under investigation for using a private Signal chat to discuss sensitive military operations, including upcoming Yemen strikes, with his wife, brother, lawyer, and other aides. This involved sharing detailed information, such as flight schedules, prior to the March 15th airstrikes. This is the second such incident involving Hegseth and Signal, following a previous leak to The Atlantic’s editor. The Pentagon denies any classified information was shared, while Hegseth’s former staff members allege a cover-up and widespread dysfunction within the department.
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Following President Trump’s firing of the Department of Defense Inspector General, Robert Storch, questions remain regarding the status of an ongoing investigation into Elon Musk and SpaceX. The timing of the firing raises concerns that the probe, examining Musk’s lucrative government contracts, has been effectively terminated. Democrats are demanding answers from the Pentagon about the investigation’s fate, fearing its closure benefits Musk. The situation highlights a potential conflict between government oversight and the interests of a powerful contractor.
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John Q. Hosedrinker