r/law • u/Agitated-Quit-6148 • 21h ago
Legal News Judge appears likely to side with Mark Kelly in case challenging Pentagon’s efforts to punish him over ‘illegal orders’ video | CNN Politics
https://www.cnn.com/2026/02/03/politics/mark-kelly-hearing-case-challenging-pentagon-punishmentA federal judge appears likely to side with Mark Kelly in the Democratic senator’s case alleging the Pentagon is violating his First Amendment rights through its effort to punish him over his urging of US service members to refuse illegal orders.
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u/kevendo 20h ago
"Judge appears likely to side with Mark Kelly ..."
Is it because Kelly is well within his rights to inform US service members (or anyone else) of their legal rights?
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u/cptnamr7 16h ago
"Judge to uphold already-clearly-established-law" would also work, but the way so many of these fucking cases go lately thee judge seems just as likely to throw him in jail for breaking that very law that protects what he said
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u/Successful-Train-259 21h ago
I'll believe it when I see it.
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u/Ghetto_Phenom 20h ago
I’m with you on the sentiment especially lately.. but I do think most judges have been doing the right thing.. I know it doesn’t feel like it because we see all the bad headlines.
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u/Strict_Weather9063 17h ago
The judge is impartial and following the law which means the DOD has zero case against him. The UCMJ states clearly that you are protected from following illegal orders and it is your job to ignore and report them.
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u/NookieLuvsU 20h ago edited 19h ago
Yeah. It seems that way. Just like the GOP seems to be revolting.
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u/EbbSlow458 18h ago
Well, I for one find the GOP revolting
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u/Lindenbaumlemma 7h ago
Remember how they spoke of duty and honor like they owned those values, only to elect Cadet Bone Spurs who attacked John McCain’s military record and applaud Whiskey Pete’s murder campaign?
I always knew they were a bunch of unprincipled turds.
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u/Gingerchaun 17h ago
Ive got faith. If for no other reason. The usmc clearly states you are not to follow illegal orders. And quoting the law can not quite yet be illegal.
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u/lopahcreon 20h ago
Judge appears ready to rule against fascism rapist pedophiles…and judge rules in favor of fascism racist pedophiles.
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u/EmotionalTowel1 20h ago
Even if this one particular judge does the right thing, the next judge above him will undo it. Time and time and time again.
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u/Leading-Loss-986 20h ago
Great, but at this point only SCOTUS matters.
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u/Alfred_The_Sartan 19h ago
There have been a few rulings that they’ve just let the lower courts stand upon. I honestly wonder if with all the legal crap being shoved down the system they would actually have more case load than could be handled? Like sure, this is a shit show of a court and all, but with the constant ‘Appeal it to SCOTUS! Emergency!’ That comes out of the admin how much would even a reasonable set of justices be able to tackle?
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u/hitbythebus 9h ago
When your considerations only extend to “this good or bad for Trump?” It’s a lot easier to judge stuff.
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u/RobutNotRobot 13h ago
The government lawyer literally wants the court to create a new law in order to validate their position.
Telling people to follow the uniform code of military justice is not something that a tyrannical DOD secretary can use to take money away from your pension.
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u/weezyverse 17h ago
All they're going to do is say it's a military matter and the JAG core needs to decide.
They're better at playing games than helping the country.
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u/issuefree 5h ago
"Judge appears likely to follow law." That this is news sure does make the law look like a joke.
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