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Dem Senator THREATENED WITH COURT MARTIAL By Pete Hegseth

2025-11-25 News & Politics
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Breaking Points
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DoD Threatens Court Martial Over Senator's Video; Legal Cases Against Comey Dismissed

Understand the political fallout from a DoD investigation into Senator Mark Kelly and analyze how other high-profile legal actions against Trump opponents have recently failed in court.

Short Summary

  • The Department of Defense initiated a review potentially leading to court martial for retired Captain Mark Kelly after he backed a video advising resistance to unlawful military orders.
  • Commentators argue this official escalation benefits Kelly politically, potentially generating fundraising success and elevating him to "resistance hero" status.
  • State cases against James Comey and Leticia James were dismissed due to reported procedural incompetence by the appointed prosecutor, undermining the administration's stated goal of striking fear in opponents.

This discussion details the ramifications of military officials speaking out and reviews recent judicial setbacks for politically charged prosecutions.

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Description

Krystal and Saagar discuss a Dem Senator threatened with court martial by the Trump admin. Sign up for a PREMIUM Breaking Points subscriptions for full early access to uncut shows and LIVE AMAs with the hosts every week: https://breakingpoints.locals.com/support Merch Store: https://shop.breakingpoints.com/ To listen to Breaking Points as a podcast, check them out on Apple and Spotify Apple: https://podcasts.apple.com/us/podcast/breaking-points-with-krystal-and-saagar/id1570045623 Spotify: https://open.spotify.com/show/4Kbsy61zJSzPxNZZ3PKbXl Facebook: https://www.facebook.com/people/Breaking-Points/61575893472315/ #news #politics #youtube

Top Comments (10)

@mikejohnson734 2025-11-25

3:50 Mark is boring? Dude is literally lived up to what every six year old American boy wants to be. Not to mention standing by his wife.

194 19 replies
@tschommer 2025-11-25

Combat veteran flew fighter jets, astronaut… Saagar: “this guy is the most boring uninteresting person I’ve ever met” I know that Saagar is an objectively smart guy, but my god he constantly says some of the dumbest most absurd shit I’ve ever heard in my entire life.

186 34 replies
@evan_evans 2025-11-25

Ummm Mark Kelly was a friggin astronaut? Fuck is Saagar talking about? That's fairly compelling?

170 17 replies
@shanes6035 2025-11-25

Are Pete Hegseth's multiple public intoxication allegations not a violation of the UCMJ article 134?

121 2 replies
@david.stachon 2025-11-25

Ah, yes, Saagar, those "boring" fighter pilot/astronauts. 🤡

118 5 replies
@PerAsperaAdAstra8755 2025-11-25

I'm a veteran. Members of the U.S. military are not only told to *disobey illegal orders but are legally obligated to do so.* A service member who obeys a *manifestly illegal order* can be held criminally responsible for their actions. The duty to disobey an unlawful order is a fundamental part of U.S. military law, primarily rooted in the *Uniform Code of Military Justice (UCMJ)* and the *Manual for Courts-Martial (MCM).* 1. Uniform Code of Military Justice (UCMJ) Article 92: Failure to Obey Order or Regulation. This article, which outlines the offense of disobeying an order, specifies that the order must be *lawful.* The UCMJ only punishes the disobedience of *lawful* orders. By implication, disobedience of an *unlawful* order is not punishable under this article, and in fact, becomes the required course of action. An order is considered unlawful if it is *contrary to the Constitution, the laws of the United States, or lawful superior orders, or for some other reason is beyond the authority of the official issuing it* (Source: MCM, Article 92). 2. Manual for Courts-Martial (MCM) The MCM, which implements the UCMJ, provides crucial guidance on the presumption of legality and the exception for illegal orders: The MCM explicitly states that the presumption that an order is lawful "does not apply to a *patently illegal order,* such as one that directs the commission of a crime" (e.g., an order to commit murder, torture, or target unarmed civilians), or a superior male officer telling a subordinate female they are ordered to consent to sexual intercourse with the superior officer. The *"Just Following Orders"* defense does not work. The U.S. military's stance is directly informed by the *Nuremberg Principles* established after World War II. An order to commit a war crime or crime against humanity (indiscriminately killing civilians, torture, etc.), regardless of who issues it, is never a legal defense for the subordinate who carries it out. In practice, nearly all military orders carry a *presumption of lawfulness.* This means the service member must obey the order immediately, *unless* the order is *manifestly unlawful* (clearly illegal on its face). *Unlawful Orders* typically involve actions like: (a) Targeting or intentionally harming unarmed civilians. (b) Torturing or abusing detainees. (c) Ordering the commission of a federal crime (e.g., murder or larceny). (d) Violating the U.S. Constitution or applicable international law (like the Geneva Conventions). If anything, Senator Kelly's comments are a pubic service announcement that reminds those in the military of the importance of following *lawful orders.* But it's also a great move by Hegseth in elevating Kelly as a main contender for the presidency in *2028.*

88 20 replies
@bottomlesshippopotamus5923 2025-11-25

Seditious Six? This is stupid. Free speech bro. Move on.

68 6 replies
@brianwilson168 2025-11-25

Drunk Pete should be court-martialed

59 8 replies
@hellothere1896 2025-11-25

lol, the charge of sedition is taken so unseriously that it's the 6th story of the day

11
@travishunter8573 2025-11-26

Just start impeaching all of these cabinet appointments

6

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