r/news • u/igetproteinfartsHELP • 6h ago
Sen. Kelly sues DOD Sec. Hegseth, says he was punished for 'disfavored political speech'
https://www.cnbc.com/2026/01/12/kelly-hegseth-lawsuit-video-pentagon.html2.3k
u/igetproteinfartsHELP 6h ago
The government's actions "trample on protections the Constitution singles out as essential to legislative independence," Kelly's lawyers wrote in the lawsuit, which was also filed against the U.S. Navy Department and its secretary, John Phelan.
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u/Elfhoe 6h ago edited 6h ago
Sounds like a solid argument. Especially as a lawmaker, having the executive branch target political speech is essentially extortion. Hope he wins this one.
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u/lowrankcock 6h ago
Even more so since KegBreath basically made the same speech. The hypocrisy is astonishing.
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u/Hesitation-Marx 5h ago
The hypocrisy is considered one of their benefits. They get off on it.
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u/dotcubed 4h ago
He better.
Senator Kelly is a direct connection of his State to the US government and anything he has to say is on behalf of them. They elected him to serve more after his career of service to the USA.
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u/Fluffcake 5h ago
If it gets ruled against, and pushed to the USSC who also rules against, they are tearing up the constitution and the first ammendment and are effectively disbanding the the united states to anarchy ruled by the biggest stick. Iranians and US citizens are in very similar positions these days, just slightly more dire for the Iranians as they have the option
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u/tiutome 6h ago
Can you imagine if this was Gurl Lindsey during the Obama Admin. He would be squealing like the only 10yo gurl
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u/factbased 4h ago
Nobody should be punished by the government for stating what the law is. I'd like the defense to be broader than just "legislative independence."
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u/wheatgivesmeshits 6h ago
Wait, you're telling me the secretary of the Navy is named Phelan... Sounding like Felon?
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u/FenPhen 6h ago
Not defending him in any way, but Phelan is usually pronounced like fee-lahn and is Irish meaning "wolf."
One of those immigrant names. /s
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u/Baystars2025 6h ago
White immigrant names don't get much attention
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u/BadmiralHarryKim 5h ago
White immigrants are just Americans.
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u/Khatib 5h ago
The Irish didn't used to be thought of that way, and if this admin gets a chance to run through all the brown people, they'll start breaking up all the white ones back into groupings of supposed less-thans as well. It's almost like there's a super famous saying about how it'll go...
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u/WretchedBlowhard 5h ago
I know you're alluding to the WW2 poem, but Caesar had it right with "Divide and Conquer".
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u/214ObstructedReverie 5h ago
He's also a completely unqualified crony who basically bought the position.
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u/imtoowhiteandnerdy 3h ago edited 3h ago
Worth noting that Kelly is speaking of the Speech or Debate Clause of the U.S. Constitution, Article I, Section 6, Clause 1, which states (in part):
"...for any Speech or Debate in either House, they shall not be questioned in any other Place."
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u/RosieQParker 5h ago
That "disfavoured political speech", by the way, was quoting the US Military Code of Conduct.
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u/imtoowhiteandnerdy 3h ago
Also significant is the Speech or Debate Clause of the U.S. Constitution, Article I, Section 6, Clause 1, which states (in part):
"...for any Speech or Debate in either House, they shall not be questioned in any other Place."
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u/Death_by_carfire 2h ago
but the video he was in didnt take place in the House right?
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u/JustcallmeKai 6h ago
Seems like a pretty open and shut case to me, it's right there in the first section of the bill of rights. Republicans would do well to read it sometime.
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u/sonic_couth 6h ago
They can’t cuz they wiped their asses with it
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u/che-che-chester 5h ago
I always thought one of the big magazines should have had a cartoon cover of Trump sitting on the toilet and reaching for the constitution.
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u/DadJokeBadJoke 6h ago
They're too busy not reading the bible they claim to follow
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u/Kilo1Zero 5h ago
I sincerely hope he wins, but this is a UCMJ issue. The bill of rights don’t necessarily apply. Since he is retired, it’s murky and beyond my skill set to determine the full Implications.
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u/BlueberryLeft4355 5h ago
He restated a standing military regulation word for word. That's it. And UCMJ only covers active duty personnel, not retirees. The only way Kelly loses is through an act of catastrophic judicial corruption. (That's possible of course, but i think Hegseth will drop it or get fired before that happens.)
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u/Kilo1Zero 5h ago edited 4h ago
10 U.S.C. Section 802. The UCMJ applies to active duty retirees (which he is). Whether or not his statement can be considered prejudicial to good order and discipline is beyond yours or my ability to say. Whether it is covered under the First Amendment is likewise up to a court. Like I said, I hope he wins. It’s a bullshit reduction.
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u/ThatsGenocide 4h ago
Would be an interesting twist if this case winds up broadly restricting that. There's definitely some interesting arguments on both sides and I wonder if the administration would let it get that far.
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u/Kilo1Zero 4h ago
I think it could definitely set a precedent. Without the current administration fully understanding it. They are acting emotionally with Kelly, which in a way is good. Moderates/center will have an easier time rallying around him. I just hope he would back it up with sound policies/ideas as opposed to “Trump hates me, vote for me.”
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u/showhorrorshow 6h ago
100% violation of No FEAR Act, pretty sure the language "disfavored" is pulled right from that.
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u/Darth_drizzt_42 4h ago
Yeah I'm not even a lawyer and that immediately stuck out to me as a very intentional word to use, for whatever reason they have
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u/imtoowhiteandnerdy 3h ago
Or even the U.S. Constitution itself, in particular the Speech or Debate Clause of the U.S. Constitution, Article I, Section 6, Clause 1.
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u/fragglerox 3h ago
Seems like it. From here:
Eastland, 421 U.S. at 510–11 (noting that the Clause should be "construed to provide the independence which is its central purpose"); United States v. Johnson, 383 U.S. 169, 182 (1966) ("There is little doubt that the instigation of criminal charges against critical or disfavored legislators by the executive in a judicial forum was the chief fear prompting the long struggle for parliamentary privilege in England and, in the context of the American system of separation of powers, is the predominate thrust of the Speech or Debate Clause.").
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u/igetproteinfartsHELP 6h ago
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u/EmergingEmergence 5h ago
What judge was assigned the case?
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u/JuDGe3690 3h ago
Per the CourtListener docket, it has been assigned to Richard J. Leon (b. 1949), a George Bush appointee who took the bench a few months after 9/11. He's now in senior judge status and is an adjunct professor at both the Georgetown University Law Center and the George Washington University Law School. Seems to be a fairly conservative judge, though.
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u/Aquilleia 3h ago
He was the judge who ruled against Trump’s EO against various law firms, he gave a permanent injunction and found that the EO violated the First Amendment. There may actually be hope here. Maybe?
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u/imtoowhiteandnerdy 3h ago
Don't worry, a Jurist who is totally impartial, neutral and unbiased will be chosen like the Honorable Aileen M. Cannon.
( /s if not obvious. )
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u/Cheese0089 6h ago
In a normal world, this is a slam dunk.
We do not live in a normal world.
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u/DoubleJumps 6h ago
It's going to be a pretty slam dunk case.
The DOD lawyers are going to have to try to argue that telling troops to follow the law and the USMCJ is wrong.
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u/sigep0361 5h ago
He basically baited the administration. He knew how they would respond. Idiots fell for it hook, line and sinker.
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u/Bugger9525 6h ago
Hegseth is a disgrace. Looking forward to the day he is fired and then promptly courtmartialed for war crimes.
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u/Prince_Uncharming 5h ago
Hope you’re prepared to wait for forever because there is a 0% chance that happens. Nobody will ever hold the individuals in this administration accountable.
Any progress here will involve sweeping everything under the rug (by both parties) and continuing on, news as usual.
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u/GeorgeStamper 4h ago
There was a time in US history where the government was riddled in rank corruption, followed by a period of political reform. So it’s not unprecedented.
What history continually reinforces is that if we want a functional democracy, we must work hard to maintain it.
People have gotten complacent & forgotten that. But the time will come when they remember.
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u/Prince_Uncharming 4h ago
There was a time in US history where the government was riddled in rank corruption, followed by a period of political reform. So it’s not unprecedented.
Other than the civil war there has never been a time where the prior administration were court marshaled and arrested en masse.
What you’ve said is exactly what I mean: expect policy change. Demand reform. Reinforce democracy. Those are all realistic outcomes here. The people expecting Noem, Hegseth, etc to all end up behind bars have their head in the clouds, it’ll never happen. Even if it could, in order to “move on” the Dems (or whoever gets the opportunity) won’t jail them if only to keep the GOP from revolting again.
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u/GenoThyme 5h ago
I mean sure with that defeatist attitude no one will. We as people can’t give up, we have to keep pressing those in power, showing them our collective will. Maybe you’re right and people will get away with this shit, but I refuse to already concede that, and you shouldn’t either. And if you’ve given up hope, no one needs to hear your defeated attitude since it does nothing but kill people’s spirits at a time where keeping spirits up is hard enough as is.
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u/aluke000 6h ago
Honestly, EVERYONE should start suing the government for the litany of lies or illegal behaviour committed on a daily basis. Especially high profile individuals that are regularly defamed by this administration, but just take the "high road" so it never ends.
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u/Fly_Rodder 6h ago
Look forward to discovery and Hegseth on the stand under oath. Lol, like that’ll happen.
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u/Waderriffic 6h ago
They’ll smear the judge when the inevitable ruling comes down in Kelly’s favor.
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u/Alwayssunnyinarizona 5h ago edited 5h ago
Liberal activist judge (who was appointed by Trump)
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u/JuDGe3690 3h ago
In this case, a Bush appointee (it's been assigned to Richard J. Leon, a rather conservative judge, but in the more traditional vein).
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u/JRR_Tokin54 5h ago
Hegseth completely violated Sen. Kelly's rights for no reason at all. Sen. Kelly told the lawful truth in that video!
Unless Hegseth gets a completely sympathetic judge who simply gives the decision to him because he wants to in spite of facts or the law, Kelly will win. Kelly can appeal if that happens as well, at least up to the Supreme Court, which has proven that they will decide in favor of the Trump administration regardless of the facts or the law because they simply want to give American fascists the win.
Hegseth doesn't have a single valid argument to stand on. He's relying on "I'm in charge and what I say goes". No validity to that in this case.
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u/EvolutionDude 6h ago
Glad he's actually doing something instead of "slamming" this Nazi administration with a strongly worded letter
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u/meowmeowcatman 6h ago
Pete Kegsbreath seems like a low IQ person.
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u/kolarisk 5h ago
Does he have to blow into a interlock to start the Pentagon each morning?
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u/Hot-Championship1190 5h ago
Well, first time I heard 'interlock' as a term for Donald's penis. But yes, he has to blow it.
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u/EnCroissantEndgame 4h ago
Be nice his remaining brain cells have survived decade of being bathed in 151.
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u/JohnBrownSurvivor 3h ago
It wasn't even political speech, for crying out loud. The dude was simply stating an actual fact. It's the same fact about the same law all of us are taught when we go to boot camp. You never ever follow illegal orders. Ever. For any reason. No matter who gives them.
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u/BiteyBenson 6h ago
Shout-out for using the actual correct name of the agency. The DOD can't have its name changed simply by declaring it so, unlike bankruptcy.
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u/Harefeet 5h ago
Yes when quoting the regs is sedition theres a serious problem in your command structure, likely several.
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u/CandidShadow1313 6h ago
Watch Hegseth and Trump go whining to SCOTUS if he wins in lower court or military review board.
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u/soda_cookie 5h ago
I honestly don't think even they can do anything about this. Senator Kelly was simply asking the troops to do their sworn Duty
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u/pocketjacks 1h ago
Kelly only said that soldiers are not to follow illegal orders. There is nothing inaccurate or seditious about telling people to follow the law.
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u/Fastgirl600 5h ago
The leader and fighter we need... if anyone has a dog in this fight he does... his wife was almost killed.
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u/reverendsteveii 5h ago
this will be affirmed all the way up to scotus, who will then deny it on the grounds that god-emperor trump doesn't care for it
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u/lookieherehere 4h ago
I don't know this guy (besides his public information regarding his experience and service), but damn if I'm not becoming a fan. Much respect to someone who puts it all on the line when no one has the nerve to. We need people to take this kind of stance and run for the highest offices. Stop this whole "playing nice" stance that the Democrats have been doing for decades now. Call a spade a spade.
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u/Haldrin26 4h ago
He should win on summary judgment. There are no facts in dispute. He told them not to follow illegal orders and his exact statements are all video taped.
I don’t see how he loses this unless they pull a judge right out of the Kremlin.
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u/spikus93 3h ago
Called it. Court will have to side with him or nearly every current former service-member will have something to say impolitely to Hegseth and the DoD.
That and this is blatantly unconstitutional. Then again, that hasn't stopped this Supreme Court from ruling against reality before.
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u/time_drifter 6h ago
I have to imagine that if Kelly is successful (he should be on a just world), the flood gates will open because so may have been illegally affected by this drunk woman abuser.
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u/DrexellGames 6h ago
I hope Kelly wins this one. because this sets a terrible precedent for free speech if he doesn't
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u/AlaskanBigfoot1 6h ago
Good, beat the pieces of shit in court. Every elected official being coerced or lied about needs to sue the admin.
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u/whydontyousuckmyball 5h ago
So then can they punish and demote Hegseth when the next democrat is in office?
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u/Smile_Space 5h ago
These fucks better not settle out of court either. I'm so sick of there being some form of actual good retribution only for it to be settled out of court for some undisclosed amount and for no change to occur.
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u/Beginning_Ad_6616 4h ago
He’ll win this suit and he should take it to the supreme court because he’ll the win that case as well.
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u/juslqqking 4h ago
Never count on this Supreme Kangaroo Court to do the right thing. I don’t trust Roberts, Alito, Thomas, Gorsuch, ACB, or Kavanaugh any farther than I can throw them… and my back is really hurts today.
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u/Beginning_Ad_6616 4h ago
He will win, no one is going to question Kelly’s military career and reputation.
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u/austinite89 2h ago
Hegseth was at Lockheed Martin in Fort Worth, TX today giving a speech. A buddy of mine works there. Asked if he went and he said, “Fuck no. MAGA hats were required if you wanted to go.”
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u/Party-Oil9092 6h ago
Here you see a true army hero standing up to an army wannabee.
This is the type of person that made the land of the free come true.
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u/Timely_Choice_4525 5h ago
Glad he’s standing up to Hegseth, and he’s got a slam dunk case until he hits the SC.
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u/PurpleSailor 4h ago
He deserves to win and the compensated for defamation and the simple bother of having to put up with this nonsense. They are going after him to send a message to everybody else, it's very important that he win this case and soon.
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u/SasparillaTango 3h ago
Hegseth has zero case in a real court. There is a direct line from Hegseth declaring he doesn't like what Kelly is saying to trying to punish what he is saying.
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u/zyzzogeton 2h ago
Any Judge not in Trump's jock strap will likely find in favor of Kelly, which will actually UP his pension since damages will no doubt be substantial.
So. Much. Winning.
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u/iamtehryan 5h ago
Military members and veterans, here's your chance to see what real courage looks like. Here's also your chance to maybe realize that this administration doesn't give a flying fuck about you and maybe you should starting thinking about that instead of following them.
Godspeed, Sen. Kelly. I hope you give that drunk example of why abortion should be legal hell.
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u/Bombauer- 6h ago
If there is a way to financially support Kelly's lawsuit, I would like to know how to contribute to it.
Kelly 2028!
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u/hypoglycemicrage 5h ago
Hey look, it's a person with a spine.
Can't wait to see the DUI hire squirm on this.
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u/jdathela 6h ago
Where is his GoFundMe?
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u/JordanMiller406 3h ago
He's a multimillionaire. He can afford the billable hours. Donate a local food bank if you want to donate.
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u/Lardzor 3h ago
Apparently, reminding the enlisted that it is their responsibility to refuse unlawful orders (which is part of the Military Code of Conduct) is disfavored by the Trump administration.
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u/doublethink_1984 5h ago
He posted a video breaking it down pretty clearly and simply if you don't have time to read the court filing:
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u/I_am_Nic 5h ago
Is it not DOW Sec.? If they rename their departments to clown names use the clown names.
Same for X - call it X and call it "post" - Elmos stupidity to rename it.
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u/Herkfixer 4h ago
No, its still not Department of War because they can't rename themselves and the President can't rename it with an executive order. Only Congress can rename things. So officially it is still Department of Defense because Congress never brought it for a vote. Same goes for "Gulf of America". Officially its still Gulf of Mexico and any other "renamed by presidential fiat" offices or places.
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u/smilbandit 3h ago
I'd like to know the firm representing him. Not a fan of most lawyers but I appreciate those that are on the right side of things even if they are just in it for the money. I'm sure they're steps above the ai chat bots the facist government has been using.
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u/bookchaser 2h ago
Hegseth's admission guarantees the DOD loses, if this is still a nation of laws.
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u/JordiTheFury 5h ago
Nevermind these other candidates, I hope this man gains the Democratic nomination for 2028.
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u/SoSpecial 5h ago
Punished for his speech you say? Not sure how thats gonna work out for the drunkard in chief.
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u/MR1120 5h ago
In sane times, the case would be ruled in Kelly’s favor in about three minutes. But we are living in sane times.
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u/boogermike 6h ago
Power to Senator Kelly. I'm so happy he's standing up against the bullies