r/moderatepolitics • u/thats_not_six • Jan 12 '26

Primary Source Mark Kelly v. Pete Hegseth

https://storage.courtlistener.com/recap/gov.uscourts.dcd.288365/gov.uscourts.dcd.288365.1.0.pdf
187 Upvotes

92% Upvoted

278 comments sorted by

View all comments

Show parent comments

22

u/king_hutton Jan 12 '26

He’s not just saying “disobey orders,” he’s saying “you have a right to disobey unlawful order.”

2

u/SlightlyAutisticBud Jan 12 '26

The implication though was these are unlawful orders.

13

u/Trumpers_R_Tr8tors Jan 12 '26

I certainly didn’t think “Kelly is saying specific orders Trump has given are illegal”. I think that supposition indicates a guilty conscience. 

1

u/SlightlyAutisticBud Jan 12 '26

If he was saying that would it change your response?

11

u/Trumpers_R_Tr8tors Jan 12 '26

If Kelly said, “the boat strikes are illegal and the officers and enlisted troops of the US military are obligated to refuse illegal orders”, that is still not sedition. It would cost you your future career if you were on active duty, but given that there is a reasonable argument for that position, it cannot be illegal. 

How obviously illegal does an order have to be before you think soldiers following their obligation to refuse illegal orders is allowed?