Judge's Reasoning and Legal Basis

• Investigation of Senator Mark Kelly

  • The Department of War is investigating Senator Mark Kelly for allegedly making a seditious video urging military personnel to refuse illegal orders from President Donald Trump.
  • The video featured Kelly and other Democratic lawmakers encouraging military and intelligence officials to uphold the Constitution and reject unlawful commands.
  • Trump responded by calling the act sedition, demanding punishment.
  • The Department of War reminded retirees they remain subject to the Uniform Code of Military Justice (UCMJ).
  • Possible outcomes: court martial proceedings, recall to active duty, or administrative measures.
  • Kelly defended his actions, citing his military and NASA service record, and accused Trump of intimidation.
  • Other Democrats publicly supported Kelly, with some using harsh language against the investigation.

• Dismissal of Indictment Against James Comey

  • A Clinton-appointed judge dismissed the DOJ’s indictment against former FBI Director James Comey.
  • Reason: The prosecutor presenting the case was unlawfully appointed, violating federal code and the Constitution’s Appointments Clause.
  • The indictment accused Comey of making false statements and obstructing Congress.
  • DOJ plans to appeal the ruling, arguing the dismissal was incorrect and justice will proceed.
  • Commentary frames the judge as activist and warns against media narratives suggesting Comey is “off the hook.”

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