Another of the Signs With a Message at the Lincoln Park No KINGS Rally on October 18, in Portland.
The Trump administration’s new investigation into Senator Mark Kelly is already pushing the boundaries of law in the US and it will be a test to see how far the American people will let the president go in punishng free speech writes Miles Taylor in his new on-line Defiance.News.
Last week, of course, Kelly appeared in a short video with several Democratic lawmakers reminding members of the military of the basic legal truth that service members must refuse illegal orders. The president lost his marbles, deriding it as sedition and treason and suggesting the lawmaker be hung according to Mr. Taylor.
Yesterday, as if on cue, the newly renamed Department of War announced a “thorough review” into Kelly — one that could, in theory, recall him to active duty and drag a sitting US senator into a secret miitary tribunal. The official statement iself was written in a creepy, Orwellian tone. Read each word of it. Tell me it doesn’t sound like the opening to a story about a man being sentenced to a Soviet gulag. It is reproduced, IN PART, below:
“The Department of War has reviewed serious allegations of misconduct against Captain Mark Kelly, USN (Ret.). In accordance with the Uniform Code of Military Justice, 10 U. S.C. Sec. 688, and other applicable regulaions, a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures. This matter will be handled in compliance with military law, ensuring due process and impartiality. Furhter official comments will be limited, to preserve the integrity of the proceedings.”
“All service members are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful. A service member’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
To be clear, the government is scrutinizing an elected official for wholly protected political speech. Senator Kelly wasn’t plotting a mutiny, leakng intelligence, or commanding troops. He was speaking — publicly as an elected representative – about the obligation to uphold the law. Said differently he’s being investigated for the “crime” of telling people NOT to commit crimes!
“We have seen milder versions of this before in American history, but never has a president so openly demanded punishment for opponents and watched as institutions scrambled dutifuly to comply, wielding myriad powers to attack the president’s targets. However, Kelly’s case is different in one crucial respect. It signals that the administration is now exploring how to weaponize military law aganst civilian speech. If that experiment succeeds, the implications will reach well beyond Congress. So whatever happens with the Kelly investigation — even if it’s a sham investigation — it matters a great deal to all of us.”
Miles Taylor is a former member of the Trump administration. He published a book – “A Warning.” He was the first former Trump administration official to endorse Joe Biden. He can be seen on cable news often and is the founder of the new Defiance.News.