-
Investigation of Senator Mark Kelly
- The Department of War is investigating Senator Mark Kelly for allegedly making a seditious video urging military personnel to refuse illegal orders from President Donald Trump.
- The video featured Kelly and other Democratic lawmakers encouraging military and intelligence officials to uphold the Constitution and reject unlawful commands.
- Trump responded by calling the act sedition, demanding punishment.
- The Department of War reminded retirees they remain subject to the Uniform Code of Military Justice (UCMJ).
- Possible outcomes: court martial proceedings, recall to active duty, or administrative measures.
- Kelly defended his actions, citing his military and NASA service record, and accused Trump of intimidation.
- Other Democrats publicly supported Kelly, with some using harsh language against the investigation.
-
Dismissal of Indictment Against James Comey
- A Clinton-appointed judge dismissed the DOJ’s indictment against former FBI Director James Comey.
- Reason: The prosecutor presenting the case was unlawfully appointed, violating federal code and the Constitution’s Appointments Clause.
- The indictment accused Comey of making false statements and obstructing Congress.
- DOJ plans to appeal the ruling, arguing the dismissal was incorrect and justice will proceed.
- Commentary frames the judge as activist and warns against media narratives suggesting Comey is “off the hook.”
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
What was President Trump's reaction to those indictments against Comy
and James being thrown out. His reaction was, We've seen
this before. We've seen partisan judges take unprecedented steps to
try to intervene in accountability before. But we're not going
to give up. And I know that the Department of
Justice intends to appeal these rulings very soon, if they
haven't already.
Speaker 2 (00:20):
As you're listening to the forty seven Morning Update with
Ben Ferguson.
Speaker 3 (00:24):
Good Tuesday morning.
Speaker 4 (00:25):
Nice to have you with us on the forty seven
Morning Update, and we've got two major stories for you
this morning coming out of the White House. First up,
the Department of War is investigating Senater Mark Kelly for
seditious video urging the military to disobey Donald Trump. How
significant is this and what could the consequences be? Well,
we'll explain it for you in just a moment. Also,
(00:49):
you may have seen a report a big celebration today
that James call me and his case are being dismissed. Well,
the Clinton appointed judge that dismissed the Comby indictment. It's
predictable and there will be an appeal. So what actually
happens next and is coming off the hook. I'll explain
that as well. It's the forty seven Morning Update, and
(01:10):
it starts right now. Story number one, The Department of
War is investigating Senator Mark Kelly for seditious video urging
military to disobey the President of the United States of America,
Donald Trump.
Speaker 3 (01:24):
That's right. The Department of War.
Speaker 4 (01:26):
Launching this investigation that may lead to court martial proceedings
after what was described as a serious allegation and misconduct
were made against him. Kelly, a retired US Navy captain,
has been facing accusations of sedition from President Donald Trump
after participating in a video with other Democrats last week
(01:49):
calling on military service members and intelligence officials to quote
refuse illegal orders from the administration. In a statement posted
on social media, the Department of War announced that it
was aware of the severe accusations and has initiated a
thorough review to determine whether further actions are needed, which
(02:14):
may include recall to active duty for court martial proceedings
or administrative measures quote unquote. This matter, they went on
to say, will be handled in compliance with military law,
ensuring due process and impartiality. The Department stated further official
comments will be limited to preserve the integrity of the
(02:36):
proceedings now. The Department of War also added a reminder
to all military retirees that they remained subject to the
Uniform Code of Military Justice known as the UCMJ for
applicable offenses, as well as the federal laws that prohibit
actions to interfere with, impair or influence the loyalty now
(03:00):
or good order and discipline of the armed forces. All
service members, they went on to say, are reminded that
they have a legal obligation under the UCMJ to obey
lawful orders, and that orders are presumed to be lawful.
The Department states a service member's personal philosophy does not
(03:22):
justify or excuse the disobedience of an otherwise lawful order now.
The controversial video also featured statements from Senator Elise Slogan,
a Democrat from Michigan, and Representative Chris Deluzio, Democrat Pennsylvania,
Chrissy Hallahan, Democrat Pennsylvania, Maggie Goodlander, Democrat from New Hampshire,
(03:45):
and Jason Crowe, a Democrat from Colorado. While the Democratic
lawmakers did not give any examples of orders from the
Trump administration that are quote unquote illegal. They claim that
the threats comeing to our constitution aren't just coming from abroad,
but from right here at home. Here is more of
(04:08):
that video. If you missed exactly what they said, take
a listen carefully to the words they use.
Speaker 1 (04:14):
I'm Senator Alissa Sockins, Senator Mark Kelly, Representative Chris Stluzios.
Speaker 2 (04:18):
Congressman Maggie Goodland.
Speaker 3 (04:20):
You're Representative Chrissy Hulahan, Congressman Jason Crowe. I was a
captain in the United States Navy, former CIA officer, former Navy,
former paratrooper and Army ranger, former intelligence officer, former Air Force.
Speaker 2 (04:31):
We want to speak directly to members of the military.
Speaker 4 (04:34):
And the intelligence community who take risks each day to
keep Americans safe.
Speaker 1 (04:38):
We know you are under enormous stress and pressure right now.
Speaker 3 (04:41):
Americans trust their military, with that trust is at risk.
This administration is pitting our uniform military.
Speaker 1 (04:47):
And intelligence community professionals.
Speaker 3 (04:49):
Against American citizens like us. You all swore an oath.
Speaker 2 (04:53):
To protect and defend this constitution.
Speaker 4 (04:55):
Right now, the threats to our constitution aren't just coming
from abroad, but from right here at home.
Speaker 3 (05:00):
Our laws are clear you can refuse illegal orders.
Speaker 2 (05:04):
You can refuse illegal orders.
Speaker 3 (05:06):
You must refuse illegal orders.
Speaker 1 (05:08):
No one has to carry out orders that violate the
law or our constitution.
Speaker 2 (05:13):
We know this is hard and that it's a difficult
time to be a public servant.
Speaker 3 (05:16):
But whether you're serving in the CIA, the Army, or Navy,
the Air Force, your vigilance is critical. And know that
we have your back, because now more than.
Speaker 2 (05:25):
Ever, the American people need you.
Speaker 3 (05:27):
We need you to stand up for our laws, our constitution,
and who we are as Americans. Don't give up. Don't
give up.
Speaker 1 (05:34):
Don't give up.
Speaker 2 (05:35):
Don't give up the ship.
Speaker 3 (05:37):
Don't give up the ship.
Speaker 4 (05:38):
As Senator Elisa Slow can put it, we want to
speak directly to members of the military and the intelligence community.
The American people need you to stand up for our
laws and our constitution. Don't give up the ship, she
wrote online. Now, while the Democratic lawmakers again didn't give
any examples of orders from the Trump administration that are illegal,
(05:58):
they claim that the vettes coming to our constitution aren't
just coming from abroad, but from right here at home.
Donald Trump responded to the video on True Social writing
the traders that told the military to disobey my orders.
Should be in jail right now, not roaming the fake
news networks trying to explain that what they said was okay.
(06:20):
It wasn't it never will be. It was sedition at
the highest level, and sedition is a major crime. There
can be no other interpretation of what they said. War
Secretary P'te. Had Seth made his own statement following his departments,
calling the lawmakers the seditious six, while arguing that the
video was despicable, reckless, and also false, saying this encouraging
(06:46):
our warriors to ignore the orders of their commanders undermines
every aspect of good order and discipline. Their fullish screed
show's doubt and confusion, which only puts our warriors in danger.
He went on to playing that Kelly is the only
one in the video who falls under the us m
J jurisdiction as slogan is former CIA, and the other
(07:10):
four are former military but not retired. As we announced,
the Department is reviewing Kelly's statements and actions, which were
addressed directly to all troops while explicitly using his rank
and service affiliation, lending the appearance of authority to his words,
had Says stated Kelly's conduct brings discredit upon the armed
(07:32):
forces and will be addressed appropriately. Kelly responded to the
Department of Wars announcement in a statement this evening, saying, quote,
when I was twenty two years old, I commissioned as
an in sign in the United States Navy and swore
an oath to the Constitution. I upheld that oath through
flight school, multiple deployments on the USS Midway, thirty nine
(07:55):
combat missions in Operation Desert Storm, test pilot school, forced
the base Shuttle flights at NASA, and every day since
I retired, which I did after my wife, Gabby was
shot in the head while serving her constituents. He said,
in combat, I had to miss a well up next
to my jet and flew through anti aircraft fire to
drop bombs on enemy targets and NASA. I launched on
(08:16):
a rocket command the Space Shuttle and was part of
the recovery mission that brought home the bodies of my
astronaut classmates who died on Columbia. I did all of
this in service to this country that I love and
have given me so much. Secretary Head says, tweet is
the first I heard of this. I also saw the
President's post saying I should be arrested, hanged, and put
(08:37):
to death. If this is meant to intimidate me and
other members of Congress from doing our jobs and holding
the administration accountable, it won't work. I've given too much
this country to be silenced by bullies who care more
about their own power than protecting the Constitution. And if
you think Democrats aren't organizing to stand behind Kelly and others,
look no further than Senator Reuben Diego, Democrat from Arizona.
(09:01):
He leaped to his fellow Arizona senator's defense, writing plainly,
f you and your investigation. Yes, he used the entire
word that is your senator from Arizona. So here we
are the President United States of America saying the rules
will be followed. And you can say all you want
to in a tweet that you weren't trying to overthrow
(09:22):
the will of the people or undermine the military. But
there are rules, and the Department of War is now
investigating Senator Mark Kelly no matter what he says online.
Now story number two, there's an important update for you,
and it deals with the Clinton appointed judge who has
dismissed the US Justice Department's indictment a former FBI Director
(09:43):
James Comy on Monday, ruling that the interim US attorney
appointment to the Eastern District of Virginia violated federal code.
Speaker 3 (09:52):
The Trump administration, however, is set to appeal that ruling,
and that is a very important point moving forward. The
US Thank You Judge Cameron McGowan. Curry dismissed the case
against Comy, which accused him of making a false statement
and obstructing Congress in a twenty nine page ruling. Mister
Coney now moves to dismiss the indictment on the grounds
(10:15):
that Miss Halligan, the sole prosecutor who presented the case
the grand jury, was unlawfully appointed in violation of twenty
eight USC. Five four six and the Constitution's Appointments Clause,
as explained below. I agree with mister Comy that the
Attorney General's attempt to install Miss Halligan and interim USE
(10:36):
Attorney for the Eastern District of Virginia was invalid, and
because Miss Halligan had no lawful authority to present the indictment,
I will grant mister Comey's motion and dismiss the indictment
without prejudice now. Former Justice Department Chief of Staff Chad
Mizzelli said the ruling was incorrect for many reasons, including
(10:56):
that dismissal of these indictments is the wrong rim. Both
indictments were ratified by senior DOJ leadership, including the Attorney General.
He added, this may delay justice, but it won't stop it.
An appeal is coming. Comy and James are not off
the hook. Curry cided with Kome's defense attorneys, who argued,
(11:17):
per the ruling that the code quote limits the total
tenure of the Attorney General's interim appointment to one hundred
and twenty days and therefore precludes an additional appointment by
the Attorney General after the expiration of that one hundred
and twenty day period. So, in translation, what is this
really about an activist judge, another activist judge getting involved?
(11:41):
Will this change the case? The answer is no.
Speaker 4 (11:45):
Does this mean that James Comy is off the hook
and sleeping better tonight?
Speaker 3 (11:49):
Probably not.
Speaker 4 (11:50):
It's a delay, but it does not mean that this
is some grand victory for James Komy and justice. Now, ultimately,
that's exactly what we should all be advocating for. We
should be advocating for justice to be served. I never
want anyone to be persecuted because of their political leanings.
Speaker 3 (12:08):
I do want there to be justice.
Speaker 4 (12:09):
If you lie to Congress, and that's exactly what it
appears like James Comey actually did.
Speaker 1 (12:15):
So.
Speaker 4 (12:15):
If you see the headlines that say that you should
be celebrating or that the case is all over, just
know that's the mainstream media lying to you yet again,
not telling you all the facts that you just got
right here today.
Speaker 2 (12:29):
Thank you for listening to the forty seven Morning Update
with Ben Ferguson. Please make sure you hit subscribe wherever
you're listening to this podcast right now and for more
in depth news, also subscribe to the Ben Ferguson podcast
and we will see you back here tomorrow
What was President Trump's reaction to those indictments against Comy
and James being thrown out. His reaction was, We've seen
this before. We've seen partisan judges take unprecedented steps to
try to intervene in accountability before. But we're not going
to give up. And I know that the Department of
Justice intends to appeal these rulings very soon, if they
haven't already.
Speaker 2 (00:20):
As you're listening to the forty seven Morning Update with
Ben Ferguson.
Speaker 3 (00:24):
Good Tuesday morning.
Speaker 4 (00:25):
Nice to have you with us on the forty seven
Morning Update, and we've got two major stories for you
this morning coming out of the White House. First up,
the Department of War is investigating Senater Mark Kelly for
seditious video urging the military to disobey Donald Trump. How
significant is this and what could the consequences be? Well,
we'll explain it for you in just a moment. Also,
(00:49):
you may have seen a report a big celebration today
that James call me and his case are being dismissed. Well,
the Clinton appointed judge that dismissed the Comby indictment. It's
predictable and there will be an appeal. So what actually
happens next and is coming off the hook. I'll explain
that as well. It's the forty seven Morning Update, and
(01:10):
it starts right now. Story number one, The Department of
War is investigating Senator Mark Kelly for seditious video urging
military to disobey the President of the United States of America,
Donald Trump.
Speaker 3 (01:24):
That's right. The Department of War.
Speaker 4 (01:26):
Launching this investigation that may lead to court martial proceedings
after what was described as a serious allegation and misconduct
were made against him. Kelly, a retired US Navy captain,
has been facing accusations of sedition from President Donald Trump
after participating in a video with other Democrats last week
(01:49):
calling on military service members and intelligence officials to quote
refuse illegal orders from the administration. In a statement posted
on social media, the Department of War announced that it
was aware of the severe accusations and has initiated a
thorough review to determine whether further actions are needed, which
(02:14):
may include recall to active duty for court martial proceedings
or administrative measures quote unquote. This matter, they went on
to say, will be handled in compliance with military law,
ensuring due process and impartiality. The Department stated further official
comments will be limited to preserve the integrity of the
(02:36):
proceedings now. The Department of War also added a reminder
to all military retirees that they remained subject to the
Uniform Code of Military Justice known as the UCMJ for
applicable offenses, as well as the federal laws that prohibit
actions to interfere with, impair or influence the loyalty now
(03:00):
or good order and discipline of the armed forces. All
service members, they went on to say, are reminded that
they have a legal obligation under the UCMJ to obey
lawful orders, and that orders are presumed to be lawful.
The Department states a service member's personal philosophy does not
(03:22):
justify or excuse the disobedience of an otherwise lawful order now.
The controversial video also featured statements from Senator Elise Slogan,
a Democrat from Michigan, and Representative Chris Deluzio, Democrat Pennsylvania,
Chrissy Hallahan, Democrat Pennsylvania, Maggie Goodlander, Democrat from New Hampshire,
(03:45):
and Jason Crowe, a Democrat from Colorado. While the Democratic
lawmakers did not give any examples of orders from the
Trump administration that are quote unquote illegal. They claim that
the threats comeing to our constitution aren't just coming from abroad,
but from right here at home. Here is more of
(04:08):
that video. If you missed exactly what they said, take
a listen carefully to the words they use.
Speaker 1 (04:14):
I'm Senator Alissa Sockins, Senator Mark Kelly, Representative Chris Stluzios.
Speaker 2 (04:18):
Congressman Maggie Goodland.
Speaker 3 (04:20):
You're Representative Chrissy Hulahan, Congressman Jason Crowe. I was a
captain in the United States Navy, former CIA officer, former Navy,
former paratrooper and Army ranger, former intelligence officer, former Air Force.
Speaker 2 (04:31):
We want to speak directly to members of the military.
Speaker 4 (04:34):
And the intelligence community who take risks each day to
keep Americans safe.
Speaker 1 (04:38):
We know you are under enormous stress and pressure right now.
Speaker 3 (04:41):
Americans trust their military, with that trust is at risk.
This administration is pitting our uniform military.
Speaker 1 (04:47):
And intelligence community professionals.
Speaker 3 (04:49):
Against American citizens like us. You all swore an oath.
Speaker 2 (04:53):
To protect and defend this constitution.
Speaker 4 (04:55):
Right now, the threats to our constitution aren't just coming
from abroad, but from right here at home.
Speaker 3 (05:00):
Our laws are clear you can refuse illegal orders.
Speaker 2 (05:04):
You can refuse illegal orders.
Speaker 3 (05:06):
You must refuse illegal orders.
Speaker 1 (05:08):
No one has to carry out orders that violate the
law or our constitution.
Speaker 2 (05:13):
We know this is hard and that it's a difficult
time to be a public servant.
Speaker 3 (05:16):
But whether you're serving in the CIA, the Army, or Navy,
the Air Force, your vigilance is critical. And know that
we have your back, because now more than.
Speaker 2 (05:25):
Ever, the American people need you.
Speaker 3 (05:27):
We need you to stand up for our laws, our constitution,
and who we are as Americans. Don't give up. Don't
give up.
Speaker 1 (05:34):
Don't give up.
Speaker 2 (05:35):
Don't give up the ship.
Speaker 3 (05:37):
Don't give up the ship.
Speaker 4 (05:38):
As Senator Elisa Slow can put it, we want to
speak directly to members of the military and the intelligence community.
The American people need you to stand up for our
laws and our constitution. Don't give up the ship, she
wrote online. Now, while the Democratic lawmakers again didn't give
any examples of orders from the Trump administration that are illegal,
(05:58):
they claim that the vettes coming to our constitution aren't
just coming from abroad, but from right here at home.
Donald Trump responded to the video on True Social writing
the traders that told the military to disobey my orders.
Should be in jail right now, not roaming the fake
news networks trying to explain that what they said was okay.
(06:20):
It wasn't it never will be. It was sedition at
the highest level, and sedition is a major crime. There
can be no other interpretation of what they said. War
Secretary P'te. Had Seth made his own statement following his departments,
calling the lawmakers the seditious six, while arguing that the
video was despicable, reckless, and also false, saying this encouraging
(06:46):
our warriors to ignore the orders of their commanders undermines
every aspect of good order and discipline. Their fullish screed
show's doubt and confusion, which only puts our warriors in danger.
He went on to playing that Kelly is the only
one in the video who falls under the us m
J jurisdiction as slogan is former CIA, and the other
(07:10):
four are former military but not retired. As we announced,
the Department is reviewing Kelly's statements and actions, which were
addressed directly to all troops while explicitly using his rank
and service affiliation, lending the appearance of authority to his words,
had Says stated Kelly's conduct brings discredit upon the armed
(07:32):
forces and will be addressed appropriately. Kelly responded to the
Department of Wars announcement in a statement this evening, saying, quote,
when I was twenty two years old, I commissioned as
an in sign in the United States Navy and swore
an oath to the Constitution. I upheld that oath through
flight school, multiple deployments on the USS Midway, thirty nine
(07:55):
combat missions in Operation Desert Storm, test pilot school, forced
the base Shuttle flights at NASA, and every day since
I retired, which I did after my wife, Gabby was
shot in the head while serving her constituents. He said,
in combat, I had to miss a well up next
to my jet and flew through anti aircraft fire to
drop bombs on enemy targets and NASA. I launched on
(08:16):
a rocket command the Space Shuttle and was part of
the recovery mission that brought home the bodies of my
astronaut classmates who died on Columbia. I did all of
this in service to this country that I love and
have given me so much. Secretary Head says, tweet is
the first I heard of this. I also saw the
President's post saying I should be arrested, hanged, and put
(08:37):
to death. If this is meant to intimidate me and
other members of Congress from doing our jobs and holding
the administration accountable, it won't work. I've given too much
this country to be silenced by bullies who care more
about their own power than protecting the Constitution. And if
you think Democrats aren't organizing to stand behind Kelly and others,
look no further than Senator Reuben Diego, Democrat from Arizona.
(09:01):
He leaped to his fellow Arizona senator's defense, writing plainly,
f you and your investigation. Yes, he used the entire
word that is your senator from Arizona. So here we
are the President United States of America saying the rules
will be followed. And you can say all you want
to in a tweet that you weren't trying to overthrow
(09:22):
the will of the people or undermine the military. But
there are rules, and the Department of War is now
investigating Senator Mark Kelly no matter what he says online.
Now story number two, there's an important update for you,
and it deals with the Clinton appointed judge who has
dismissed the US Justice Department's indictment a former FBI Director
(09:43):
James Comy on Monday, ruling that the interim US attorney
appointment to the Eastern District of Virginia violated federal code.
Speaker 3 (09:52):
The Trump administration, however, is set to appeal that ruling,
and that is a very important point moving forward. The
US Thank You Judge Cameron McGowan. Curry dismissed the case
against Comy, which accused him of making a false statement
and obstructing Congress in a twenty nine page ruling. Mister
Coney now moves to dismiss the indictment on the grounds
(10:15):
that Miss Halligan, the sole prosecutor who presented the case
the grand jury, was unlawfully appointed in violation of twenty
eight USC. Five four six and the Constitution's Appointments Clause,
as explained below. I agree with mister Comy that the
Attorney General's attempt to install Miss Halligan and interim USE
(10:36):
Attorney for the Eastern District of Virginia was invalid, and
because Miss Halligan had no lawful authority to present the indictment,
I will grant mister Comey's motion and dismiss the indictment
without prejudice now. Former Justice Department Chief of Staff Chad
Mizzelli said the ruling was incorrect for many reasons, including
(10:56):
that dismissal of these indictments is the wrong rim. Both
indictments were ratified by senior DOJ leadership, including the Attorney General.
He added, this may delay justice, but it won't stop it.
An appeal is coming. Comy and James are not off
the hook. Curry cided with Kome's defense attorneys, who argued,
(11:17):
per the ruling that the code quote limits the total
tenure of the Attorney General's interim appointment to one hundred
and twenty days and therefore precludes an additional appointment by
the Attorney General after the expiration of that one hundred
and twenty day period. So, in translation, what is this
really about an activist judge, another activist judge getting involved?
(11:41):
Will this change the case? The answer is no.
Speaker 4 (11:45):
Does this mean that James Comy is off the hook
and sleeping better tonight?
Speaker 3 (11:49):
Probably not.
Speaker 4 (11:50):
It's a delay, but it does not mean that this
is some grand victory for James Komy and justice. Now, ultimately,
that's exactly what we should all be advocating for. We
should be advocating for justice to be served. I never
want anyone to be persecuted because of their political leanings.
Speaker 3 (12:08):
I do want there to be justice.
Speaker 4 (12:09):
If you lie to Congress, and that's exactly what it
appears like James Comey actually did.
Speaker 1 (12:15):
So.
Speaker 4 (12:15):
If you see the headlines that say that you should
be celebrating or that the case is all over, just
know that's the mainstream media lying to you yet again,
not telling you all the facts that you just got
right here today.
Speaker 2 (12:29):
Thank you for listening to the forty seven Morning Update
with Ben Ferguson. Please make sure you hit subscribe wherever
you're listening to this podcast right now and for more
in depth news, also subscribe to the Ben Ferguson podcast
and we will see you back here tomorrow
Host
Ben Ferguson
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