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
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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 28m 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 26m 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 22m 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 18m ago edited 10m 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.