Republicans support measure to end Trump’s revenge plot against Mark Kelly

Republicans reached a quiet agreement in the Senate Armed Services Committee this week, and it is one of the very few restrictions on Donald Trump that they have been willing to try and push past the president.

As they move through approving specifics in the national defense funding reauthorization bill, the Senate committee included a provision that would give some extra help to retired service members in the warpath of the president.

Politico's "Morning Defense" by Daniella Cheslow and Jerry Wu explained that the bipartisan agreement "offer[s] extra protection to retired military members who speak out against the government."

All of the committee members, including every Republican, supported the language. Republicans labeled the amendment as "noncontroversial and did not raise any objections to the idea during the closed-door debate," the senators told Politico.

The report explained that the legislation to "update the Uniform Code of Military Justice (UCMJ) to clarify that retired troops cannot be subject to punishment for 'political speech' or 'expressions pertaining to the actions, character, motivations, qualifications or other attributes of government officials.'"

The problem arose when Sens. Mark Kelly (D-Ariz.) and Elisa Slotkin (D-Mich.), among others, appeared in a video reading the part of the UCMJ that instructs members of the military not to follow orders that they believe are illegal or unconstitutional. Trump was so furious that he went after all of those who appeared in the video, saying on Truth Social that they were committing acts of "sedition" and that it is "punishable by death."

Trump attempted to use the Justice Department to indict the Democrats, but a grand jury refused. The only solution his administration appeared to come up with was to target Mark Kelly, who is a retired Navy member, not a "discharged" member. The discrepancy is important because retired members must still follow the UCMJ.

Secretary of Defense Pete Hegseth then tried to demote Kelly's rank, which did little to Kelly professionally; however, it reduced the amount of money he would make in his pension. Higher-ranking military members make more money upon retirement.

Hegseth used the language in the UCMJ reading that a commissioned officer who "uses contemptuous words" against the president or senior government officials "shall be punished as a court-martial may direct." Kelly has argued that the attack on him has gone far beyond a political spat but has chilled those in the military

Kelly made it clear that given his Senate salary and his pension, money isn't a problem for him, but the principle of the matter was unacceptable. He took the Pentagon to court. Thus far, he's been successful, having a judge willing to place a hold on the demotion until it can be further litigated in court.

Judge Richard Leon's decision to issue the stay went further, making it clear he believes the Trump administration "trampled on Senator Kelly's First Amendment freedoms." The judge appeared so incensed he peppered his ruling with no fewer than 14 exclamation points.

In May, Politico characterized the appeals court as "ready" to side with Kelly. The appeal is likely to make it all the way to the U.S. Supreme Court.

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