MAGA is really bad at lawfare

While the DOJ in previous administrations was indicting, prosecuting, and convicting crooked MAGA players and sycophants, our local MAGA folks were claiming how easy it is to indict a ham sandwich. 

Apparently, the MAGA DOJ would fail at that as well.

Grand jury refuses to indict lawmakers over military orders video | AP News

"The Justice Department opened an investigation into the video featuring Democratic Sens. Mark Kelly and Elissa Slotkin and four other Democratic lawmakers urging U.S. service members to follow established military protocols and reject orders they believe to be unlawful. All the lawmakers previously served in the military or at intelligence agencies."

"Grand jury rejections are extraordinarily unusual, but have happened repeatedly in recent months in Washington as citizens who have heard the government’s evidence have come away underwhelmed in a number of cases. Prosecutors could try again to secure an indictment."

"“Donald Trump wants every American to be too scared to speak out against him,” Kelly said in a post on X. “The most patriotic thing any of us can do is not back down.”"

MAGAs typically find out when they hit the court room that conspiracy theories and rage baiting memes aren't persuasive legal arguments. 

Uh oh, Senator Kelly is now going to be called UnAmerican and a "Loser" by the President for daring to speak out against him.  

What exactly is an "unlawful military order"?

As in "drop for twenty" from the drill sergeant?

Seriously, what is an unlawful order? 

Candy

Shooting civilians. 

Any order that violated the Constitution, laws, or treaties of the United States or of any State. 

Targeting civilians, executing prisoners of war, conducting domestic law enforcement operations, using chemical or biological weapons, etc. 

In a fascist dictatorship ruled by the military, there is no such thing as an unlawful order. 

In a civilized democracy, however, the law supersedes the military. An unlawful order is an order to perform an action that violates the law. A soldier is not obligated to obey, and in fact is obligated to refuse, an order that would result in a violation of the law if carried out.

What Kelly said is told to all new recruits very early in their training, which makes the MAGA crusade against him even more ridiculous.

The military specifically trains its officers not to obey illegal orders:

• Oath to Constitution: Military personnel swear an oath to the Constitution, not to any individual, which takes precedence over orders that violate legal or constitutional rights.
• Lawful vs. Unlawful Orders: The Uniform Code of Military Justice (UCMJ) authorizes, and in many cases requires, the refusal of orders that violate international law or U.S. law.
• "Patently Illegal" Standard: Training emphasizes that orders directing the commission of a crime, such as murder, rape, or illegal destruction of property, are obviously unlawful.
• Training Ecosystem: Topics such as the law of armed conflict (LOAC), Rules of Engagement (ROE), and command responsibility are taught across all levels of professional military education (PME), including ROTC and academies. 

Smacked down again, as Mark said and I've been saying, when MAGA has to testify in court, they lose.

Judge blocks Hegseth, Pentagon bid to punish Mark Kelly over ‘illegal orders’ video | The Hill

"A federal judge on Thursday blocked the Pentagon’s efforts to censure Sen. Mark Kelly and lower his retirement rank in the wake of a video in which the Arizona senator and other Democrats called on service members to reject unlawful orders."

"U.S. District Judge Richard Leon, an appointee of former President George W. Bush......“This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” the judge wrote."

Dang, First Amendment freedoms, I thought MAGA held that in high esteem.

"“To say the least, our retired veterans deserve more respect from their Government,” the judge added, “and our Constitution demands they receive it!”"

"Hegseth wrote on X that the ruling will be “immediately appealed.”

“Sedition is sedition, ‘Captain,'” the Defense secretary said.""

Fourteen Jan 6th traitors were charged and convicted of Sedition, and Trump pardoned them. 

Hesgeth should face criminal prosecution for attempting to violate the civil rights of Kelly and every other service member, past and present.

I'm serious. Shouldn't malicious prosecution be punished?