Nov 25, 2025
3 min read
From Venezuela to public order in US cities.The decorated Navy captain can remember from the duty to face a trial in a military court "I will not be afraid, I will not be silent with bullies."
Pentagon Investigation into Senator Kelly and Threat of Court-Martial: Army Urged to Reject Orders ("illegal")
From Venezuela to public order in American cities.Former Navy captain with badge of honor could be recalled to court-martial: ‘I’m not afraid, I won’t be silenced by bullies’
Mark Key
The case began last week with six Democratic lawyers who are former members of the armed forces or the intelligence service, who, along with others who offered clear words, said: "The law can reject orders that are illegal."
They did not provide specific cases.However, Kelly said in an interview that the crimes were carried out by soldiers involved in the destruction of 21 boats in international waters on Trump's orders, which killed 83 drug traffickers in one day (a war on criminal cartels declared by the president without consulting Congress).
The dispute could also concern the deployment of troops to intervene in public order in various cities.Some courts have already blocked these interventions, finding them illegal, but Trump said he was determined to go further, arguing that the military could be used to contain popular protests and even shoot demonstrators if necessary.
Some have thought of Harh Harseh's Remaq after the threat of the video that remains on paper: an attempt to cope only with words.But hole 2, we now know very well, is different: the president and the authorities are affected by words and words.
And so, just as he suffered defeat in his attempt to avenge his enemies and the New YNACHER documents, after being the PATARE of justice, also became a judicial instrument of Political Intervention.
Pete Hagseth, Fox's script that the debate that was reopened by Trump as a defense "against the Executive Director to recall the soldiers who are working to make the military soldiers.
For Hegseth, Kelly is an invitation to disobedience that creates confusion and threatens the safety of combatants.Democratic lawmakers, as well as all experts in military jurisprudence, insist that what was said in the video is absolutely legal: the United States court-martial manual states that the obligation to follow instructions "does not extend to orders that are clearly illegal, such as a desire to commit a crime."
So there is a procedural objection: ex-soldiers were forcibly recalled and brought to trial, a procedure of dubious constitutionality but which has already been used in various cases involving crimes committed while the defendant was still in the army.
As a result of all this, Kelly responded strongly: « I am not afraid.I have given so much to this country, facing anti-aircraft when I dropped bombs on the enemy, to be stopped by bullies who only think of increasing their power instead of protecting the constitution.
Where Kelly was released ("his statements are those who teach, without doubt in the military" will not receive legal action, because they will speak their words in the past, because they will give military service. Then he went on to deny the wrong law, saying: "All the laws have the idea of government and will be obeyed."
The law provides otherwise.Legal scholars link it to what is known in jargon as the "Nuremberg Defense," stemming from historical precedent that Trump and Hegseth may have ignored: At the end of World War II, at the Nuremberg trials, a U.S. magistrate judge rejected the legitimacy of Nazi Germany's military leaders for atrocities and extermination camps.They claimed they were simply following Hitler's orders: they were all convicted and some were executed
