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Sen. Kelly, retired Navy vet, singled out among 'Seditious Six'

Sen. Kelly, retired Navy vet, singled out among 'Seditious Six'


Sen. Kelly, retired Navy vet, singled out among 'Seditious Six'

The six Democrats who urged military service members to disobey orders from President Trump are indeed guilty of a federal crime, says a national security expert and retired U.S. Army officer.

In the one-minute video, five military veterans and an ex-CIA officer tell service members to “refuse illegal orders” or “refuse unlawful orders” by their commander in chief, President Trump.

Expressing looks of concern, the lawmakers tell military members that disobeying unlawful orders from President Trump can be “hard,” but they insist “vigilance is critical” because the “American people need you.”

“And know that we have your back,” Sen. Elissa Slotkin, a former CIA officer, tells service members who heed the message to disobey Trump’s orders.

Pressed by ABC News to name any illegal orders by Trump, Slotkin failed to do so. 

"To my knowledge, I am not aware of things that are illegal," Slotkin told show host Martha Raddatz.

"But certainly," she continued, "there are some legal gymnastics that are going on with these Caribbean strikes and everything related to Venezuela."

Sen. Slotkin also mentioned the post-World War 2 Nuremberg trials, when Nazis were tried and hanged, to imply service members could be held accountable for following illegal orders. 

Even though many are calling for prosecuting the Democrats for sedition under U.S.C. 2383, military expert Bob Maginnis tells AFN he would recommend prosecuting them for violating U.S.C. 2387.

“What this federal law says,” Maginnis advises, “is that any attempt to undermine the loyalty, or morale, or discipline, of America’s armed forces is a violation of federal law.”

Maginnis, Robert (FRC) Maginnis

A statement from the U.S. Department of War, published Monday, also cited U.S.C. 2387. That statement said the Pentagon is conducting a “thorough review” of Sen. Mark Kelly, a former Navy captain, who could be recalled to active duty for court-martial proceedings.

Both 2383 and 2387 fall under Title 18, which is labeled “Treason, Sedition and Subversive Activities.” Between both statues, 2387 appears to define a broader act of treason by merely influencing service members to be disloyal and refuse to follow orders, which is the message of the political video.

“That’s precisely what they have done with this video,” Maginnis advises. “There’s no question in my mind.”

The sedition statute, 2383, would likely require federal prosecutors to prove an effort to overthrow the federal government. It cites fines and up to 10 years in prison for whoever “incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof.”  

Soon after the Department of War announcement Monday, Secretary of War Pete Hegseth clarified why only Sen. Kelly is being investigated. That’s because he is the only one of the six Democrats who is retired military and falls under the UCMJ, the Uniform Code of Miliary Justice.

Hegseth’s post also referred to them all as the “Seditious Six.”

After the War Department post, Sen. Kelly said in a statement he won't be "silenced by bullies who care more about their power than protecting the Constitution."