Update on the process, but no real news:
From that article:
Late last month, Hegseth requested advice from the Navy Secretary, who oversees the military branch Kelly served in for more than two decades, on how to proceed to potentially punish Kelly for participating in the video, which Hegseth has claimed amounted to serious violations of the military’s code of justice.
I honestly expect that the response was along the lines of, “What do you want me to write in the advice I’m giving to you?” I doubt Hegseth has any interest in any legitimate advice from anyone, or the issue wouldn’t have gotten this far in the first place.
"I’m not able to give you any advice for fear that doing so may cause me to violate the same code(s) you’ve implied (imagined?) Sen. Kelly violated. "
IOW, Hegseth has implied that Kelly violated the UCMJ by quoting/paraphrasing part of it. How is the Navy Secretary supposed to recommend charges without violating Hegseth’s imaginary rule and risk finding himself in the same boat as Kelly?
Facts are a real problem for the Trump administration. Speak the truth (as Kelly did) and get punished for it.
Come to think of it, Hegseth and Trump would probably prefer Kelly and the Navy Secretary be in the same boat, preferably out in the open water, off the coast of Venezuela.
In theory, if they give him the right answer the Secretary will be fine. But since Trump and his crew are backstabbing slime….
What would this “investigation” look like? They watch the video a few more times, and then the book that was being referenced in the video? And with Kegsbreath himself talking about disobeying unlawful orders in an old video, this thing can’t go anywhere.
I think the point is to announce an investigation, to look like tough guys you don’t want to mess with.
And then it will quietly go away while Trump does some other crazy illegal thing that people will pay attention to.
Call him into question him. But since he is a Senator, that is tough.
Was that you on the video? Yes. Did you say it? Yes, I did.
I figure Sen. Kelly would jump at the chance for some free Presidential Campaign Publicity.
The drunk tv host censures Kelly and docks his retirement pay.
Where did it say he’s docking his pay? I don’t think he can do that without going through a full court martial.
Ah maybe it hasn’t happened yet. Kegsbreath tweeted that “the [Defense] department has initiated retirement grade determination proceedings… with reduction in his retired grade resulting in a corresponding reduction in retired pay.”
Tweets are meaningless. There are well established processes for things like this in the DoD, and they don’t involve Twitter. If they court martial him, he is entitled to a trial and a defense.
I think they can administratively reduced his retired rank (grade) due to unsatisfactory service. That has the effect of reducing his pay.
So it looks like it hasn’t happened, but starting the paperwork which is all that’s required.
Late: none of this is normal, obviously. The process is, though.
I’m pretty sure they can’t do any of this on a whim - there is due process, which means defense, jury, appeals, etc.
It’s a strictly administrative process, so in fact, no legal due process at all.
If it reduces his rank/pay, he will have a chance to defend or appeal.
He can probably sue under the Administrative Procedure Act, but I don’t know if the internal retirement board process has any appeals built into it.