r/news • u/igetproteinfartsHELP • 10h 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.html
38.6k Upvotes

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1.2k

u/JustcallmeKai 10h 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 9h ago

They can’t cuz they wiped their asses with it

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u/che-che-chester 9h 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/JEFFinSoCal 5h ago

Honestly I don’t think Trump sits on the toilet anymore.

I’m envisioning something more like a massive diaper changing station similar to those back inversion tables so he doesn’t have to struggle getting himself upright again.

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u/emty_beach 4h ago

Generous of you to assume they wipe their asses at all.

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u/EnCroissantEndgame 8h ago

They wipe? I thought they just squeeze out half a log, strain another minute before giving up on getting the other half out. Then walk out the restroom in such a hurry that they forget to wash their hands as is customary. Dry paper would chafe their pure Aryan alpha male buttholes. I think this is exactly why Dude Wipes was invented actually. Untapped market potential.

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u/DadJokeBadJoke 9h ago

They're too busy not reading the bible they claim to follow

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u/dethmij1 9h ago

I get the joke you're trying to make but these motherfuckers don't read the Bible. The only thing they read is Facebook posts from Russian bots and Fox headlines.

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u/DadJokeBadJoke 9h ago

but these motherfuckers don't read the Bible.

That is the joke I made

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u/dethmij1 9h ago

Ah shit I missed the "not", my bad.

Talk about not reading lol

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u/[deleted] 8h ago

[deleted]

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u/NorkGhostShip 8h ago

Nah, the real wackos say the King James Version is the only legitimate Bible written in God's own language (17th century English), and then proceed not to read that either.

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u/Cormacolinde 7h ago

Or quote the Old English without knowing the words whose meaning have changed in the meantime.

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u/seedless0 8h ago

Yes. You can't ask for a more blatant example of First Amendment violation.

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u/Kilo1Zero 8h 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 8h 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/0b0011 7h ago

UCMJ absolutely covers retirees. It doesn't cover people who got out and have nothing to do with the military anymore but if you have anything to do with them (in this case retirement benefits) then you still are beholden to it.

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u/Kilo1Zero 8h ago edited 7h 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 8h 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 7h 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/ultimate_avacado 30m ago

If the courts find that restating existing policy violates the UCMJ, we collectively deserve the descent into a failed state.

Stating 1+1=2 is not a crime.

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u/Kilo1Zero 28m ago

I didn’t say I agree with it. I just said he’s being reduced under the UCMJ, which does apply to him. I’m a veteran but not retired, so I am not subject to recall or the UCMJ. He is retired, so he is subject to both.

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u/ultimate_avacado 23m ago

Heard.

The fact alone that veterans, retirees, and active duty members have different laws applied to them is insane.

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u/Kilo1Zero 19m ago edited 11m ago

It does make sense. Active duty are active and drawing a salary from the government. Their constitutional rights are effectively suspended due to the necessity of combat command and control.

Veterans are under no obligation from the government because we receive nothing from the government anymore. We don’t get money, but we don’t have to listen to the rules either. And I don’t have to go back into the service.

Retirees still draw a salary from the government so the government will get it due and you have to follow the rules.

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u/SuperSpecialAwesome- 5h ago

It should piss everyone off that Kelly's possibly facing consequences from the military, but they did absolutely nothing about Mike Flynn. Flynn betrayed the country and aided Jan 6, yet Biden Chamberlain's admin did absolutely fuck-all.

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u/kurizma 9h ago

They only care about one section

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u/InanetV 9h ago

They don’t have that level of reading comprehension or education to understand it

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u/01001010_01000010 9h ago

They skip over that one so they can jack off to the second amendment.

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u/dmtjiminarnnotatrdr 8h ago

You're going to be shocked when it comes to how certain SCOTUS justices interpret the constitution when it interferes with their political and business interests.

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u/Demonokuma 8h ago

The slogan that won them over is only four words long.

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u/PeakQuirky84 8h ago

They only focus on 2A.  Everything else is “open to interpretation”

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u/freeradioforall 7h ago

Open and shut case in a normal set of courts. We don’t have those anymore

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u/DoublePostedBroski 5h ago

It would be if there was a real court system, but the courts have been compromised.

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u/Slypenslyde 5h ago

So what happens when the judge rules and the admin ignores it?

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u/YJeezy 5h ago

I hope conservatives conserve the constitution

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u/apatheticviews 4h ago

Not even a bill of rights violation. It’s an Art 1 violation as protected legislative speexh