I have the same question. Is this case not under the jurisdiction of the military courts? What has that got anything to do with the Federal Court system?
The left is learning their safety net isnt very wide anymore. Fewer and fewer will even try to fight. Kelly checks a lot of boxes. Most dont have kellys breadth of background amd experience. But here its about who kelly really served and serves mow.
If you are arrested for yelling "Fire!" in a crowed movie house the charge isn't about your speech, it's about inciting a panic.
The UCMJ has some very strict limitations on speech, even after your EAOS, and especially regarding retirees drawing pension.
It's just like getting charged for committing a felony with a firearm. It's about the felony, but if you use a firearm committing the felony you have probably added 10 years or more to your sentence.
Your example is flawed because it supposes the direction government has taken is legitimate in limiting free speech. The UCMJ cannot undermine the Constitution.
I am not defending these morons for what they attempted to do, but I also cannot refute the right to free speech, regardless of who objects to it.
“The Framers of the Bill of Rights did not purport to “create” rights. Rather they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting.” ~ Justice William J. Brennan (1906-1997) U. S. Supreme Court Justice
1982
If our rights come from our Creator (they absolutely do) then pray tell, how does government have any legitimate authority to take or restrict them? The answer is, they do not have that authority, or jurisdiction.
If that were not the case, then no one in the military could ever be charged for a war crime since they were just following orders. They could never refuse to follow an unlawful order because they have no rights. I served several years in the Army, and was an MP and am very familiar with the UCMJ, and now, even more familiar with the Constitution and the principles upon which our Republic was founded. It is through ignorance that we have had our rights eroded, not because we lost them, or they were taken.
The judge has no business ruling on this. I think Pete should just ignore the son of a bitch. What's the judge going to do if he ignores it. not a damn thing other than piss and Moan
I might be sounding like a broken record on this forum but the fact is we have a non-functioning government corrupt lawmakers and a very corrupt judiciary. The only remedy is sending in the military to govern until this mess gets cleaned up. There's a lot of people whining about things not happening fast enough. It makes no sense to arrest somebody when they're going to be turned loose by the activist judiciary
It may seem like the feds are not doing anything. The positive side of this is that more and more people are waking up to this bullshit.
These activist judges have no jurisdiction over the UCMJ. In due time they will find out.
Trump is a man of law and order and is doing everything according to the book.
That's pretty much the point I was trying to make.
All governments hold their power with the permission of the governed.
Taking action against the judiciary, technically 1/3 of the government, by the Executive, another 1/3, looks like chaos and instability to the masses.
Public opinion must be swayed, this time by facts not propaganda, before these apparatchik judges can be removed. And given our corrupt Congress, the military certainly seems to be the only way forward.
This must be one of the judges we shouldn't trust, it is a shame way too many of them are in the courts. Biden's term (and all he did should be negated, and if any/all of Obama's 2 terms can be negated) then we should, and decidedly so:
Make America Great Again (MAGA)
This is a military action,how in the fuck does a federal judge get involved ,i don't get it ,shouldn't this have went straight to Jag.
I have the same question. Is this case not under the jurisdiction of the military courts? What has that got anything to do with the Federal Court system?
The left is learning their safety net isnt very wide anymore. Fewer and fewer will even try to fight. Kelly checks a lot of boxes. Most dont have kellys breadth of background amd experience. But here its about who kelly really served and serves mow.
You'd have thought it should have gone to JAG but maybe dragging it out is part of the punishment. Give the guy false hope.
Tell the judge he has no standing.
Unfortunately he does in the case of free speech, which is the assertion here.
He gives up part of that when he joined up.
Incorrect. You do not give up, nor can anyone take away, any of your natural God-given rights.
You obviously never served.
Actions and decisions have consequences.
If you are arrested for yelling "Fire!" in a crowed movie house the charge isn't about your speech, it's about inciting a panic.
The UCMJ has some very strict limitations on speech, even after your EAOS, and especially regarding retirees drawing pension.
It's just like getting charged for committing a felony with a firearm. It's about the felony, but if you use a firearm committing the felony you have probably added 10 years or more to your sentence.
Your example is flawed because it supposes the direction government has taken is legitimate in limiting free speech. The UCMJ cannot undermine the Constitution.
I am not defending these morons for what they attempted to do, but I also cannot refute the right to free speech, regardless of who objects to it.
“The Framers of the Bill of Rights did not purport to “create” rights. Rather they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting.” ~ Justice William J. Brennan (1906-1997) U. S. Supreme Court Justice 1982
If our rights come from our Creator (they absolutely do) then pray tell, how does government have any legitimate authority to take or restrict them? The answer is, they do not have that authority, or jurisdiction.
If that were not the case, then no one in the military could ever be charged for a war crime since they were just following orders. They could never refuse to follow an unlawful order because they have no rights. I served several years in the Army, and was an MP and am very familiar with the UCMJ, and now, even more familiar with the Constitution and the principles upon which our Republic was founded. It is through ignorance that we have had our rights eroded, not because we lost them, or they were taken.
You seem to forget that the First Amendment starts with the phrase "Congress shall make no law..."
Yeah, that’s not true. My dad, a Colonel, made that point to me countless times. He could be fired or imprisoned by the military (USMCJ).
You agree,if you want their pay.
Members of the military don't have free speech. They are under orders.
Wrong, see my post right above this one.
Judge is Richard Leon, a W nominee. https://en.wikipedia.org/wiki/Richard_J._Leon
Federal judge like so many paid for and controlled judges, not only has no jurisdiction, he should be taken to Gitmo and tried.
The judge has no business ruling on this. I think Pete should just ignore the son of a bitch. What's the judge going to do if he ignores it. not a damn thing other than piss and Moan
The problem here is that the Federal Government has lost almost ALL of its credibility.
Pres. Trump, and his cabinet, are trying to act within the law as much as possible in order to salvage what of that credibility they can.
I might be sounding like a broken record on this forum but the fact is we have a non-functioning government corrupt lawmakers and a very corrupt judiciary. The only remedy is sending in the military to govern until this mess gets cleaned up. There's a lot of people whining about things not happening fast enough. It makes no sense to arrest somebody when they're going to be turned loose by the activist judiciary
It may seem like the feds are not doing anything. The positive side of this is that more and more people are waking up to this bullshit. These activist judges have no jurisdiction over the UCMJ. In due time they will find out.
Trump is a man of law and order and is doing everything according to the book.
Thank you for your attention to this matter
That's pretty much the point I was trying to make.
All governments hold their power with the permission of the governed.
Taking action against the judiciary, technically 1/3 of the government, by the Executive, another 1/3, looks like chaos and instability to the masses.
Public opinion must be swayed, this time by facts not propaganda, before these apparatchik judges can be removed. And given our corrupt Congress, the military certainly seems to be the only way forward.
Exactly right
This must be one of the judges we shouldn't trust, it is a shame way too many of them are in the courts. Biden's term (and all he did should be negated, and if any/all of Obama's 2 terms can be negated) then we should, and decidedly so: Make America Great Again (MAGA)