THE DAILY BLAST with Greg Sargent Trump’s Vile Attack on Mark Kelly Backfires as Harsh Retort Goes Viral
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Jan 7, 2026 
Leah Litman, a law professor and legal commentator focused on constitutional issues, joins to dissect the clash between Senator Mark Kelly and Donald Trump. They explore Kelly's emphatic response to Trump's attack, highlighting the importance of refusing illegal military orders. Litman discusses the weak legal basis for disciplinary actions against Kelly, emphasizing First Amendment protections. The conversation reveals how this incident reflects Trump's contempt for public service and the potential chilling effects on dissent. A compelling analysis of law, power, and service!
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Weaponizing Military Discipline Against Critics
- The Trump administration is using military discipline to punish critics and chill dissent.
- Leah Litman says this leverages defense power to silence speech and likely violates the First Amendment.
Kelly's Family Service Versus Trump's Draft Deferments
- Mark Kelly recounts his family's multi-generation service and contrasts it with Donald Trump's five draft deferments.
- Kelly uses that history to justify his right to criticize and challenge Trump on military matters.
Use Constitutional Defenses Against Retaliation
- Rely on First Amendment and Speech or Debate protections when facing government retaliation.
- Leah Litman says Senator Kelly likely has strong legal defenses against punitive action.
