Legal AF by MeidasTouch - Major Lawsuit Served on Trump by Dem Senator
Episode Date: January 13, 2026In breaking news, Dem Senator Mark Kelly — 25 year combat naval aviator and space shuttle commander, and ranking member on committees that are working to reign in Trump’s abuse of the military and... national guard powers—threatened to be prosecuted for “war crimes” and to be “hanged” by Trump for participating in a video to remind service members that they have a Constitutional duty not to follow illegal orders, has fired first, suing Sec Def Pete Hegseth in federal court on the grounds that threats to demote, prosecute and hang him, violate the Constitution, among other things. Michael Popok reports. Check out The Popok Firm at: https://thepopokfirm.com Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast Cult Conversations: The Influence Continuum with Dr. Steve Hassan: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices
Transcript
Discussion (0)
Seems like every moment is breaking news in the Trump administration and all of its scandals.
And now we've got Senator Mark Kelly filing a new lawsuit against Pete Hegseff for his threats,
no, his censure letter against Senator Kelly, threatening to take away his rank,
his service rank, threatening to court-martial him and take away his pension because he had the
audacity to stand up as a member of Congress against that
out-of-control presidency, especially a senator who spent 25 years in the military, who is covered
from head to toe with commendations and ribbons and medals for his service for his more than 39
combat missions as a naval aviator, his more than four space shuttle missions, including as the
commander of the last flying of the endeavor, and somebody who is on, and this is the major focus here,
who was on two major committees as the ranking member
who is trying to provide oversight and rein in Donald Trump,
the Armed Services Committee and the Intelligence Committee.
And what we're watching is Donald Trump doing lawless things,
blowing people out of the water in the Caribbean without due process,
invading Venezuela without appropriate congressional authority,
a saber-rattling to try to go after Iran and Cuba.
the deployment illegally of the National Guard. These all fall within the supervisory and oversight
powers of somebody like Mark Kelly. And so in Mark Kelly, along with a series of other people in the
national intelligence community and in the armed forces, a few weeks ago, sent out a video to remind
people that they, in the military, that they should not and cannot, under their constitutional oath,
cannot follow illegal unconstitutional orders. In fact, they have to be able,
an obligation not to do that. That didn't sit well with the Trump administration and Pete Hegseth.
And there we have the censure letter. But now with this new lawsuit filed in the District of
Columbia, Mark Kelly, Senator Mark Kelly is demanding that a court, a federal court step in,
declare Pete Hegseth's attempts to court marshal and to go after Mark Kelly for war crimes.
or as Donald Trump put it, he should be hanged for telling people what is objectively true about military justice and military law, especially under the Nuremberg principle, which is you cannot follow illegal, illicit orders of a commander.
Declar those actions are lawful. Stop them from happening. Vacating and setting aside the censure letter.
In joining, stopping and blocking the defendants from giving any effect to the defendant's action.
including starting any criminal or administrative action and the like.
Brought on behalf of Senator Kelly by a major law firm that is not bending the knee,
Arnold and Porter, out of a combination of Newark, New Jersey, and Washington, D.C.
I'm Michael Popock. You're on the Midas Touch Network and Legal AF.
This is what we wake up to Monday in America, Trump's Carnage of America.
You know, we haven't even buried Renee Good yet for her murder by way of ICE.
agents. And already we've got Donald Trump going after the chairman of the Federal Reserve
under a phony manufactured criminal investigation in order to get his way over the economy,
as if getting his way over the economy so far has been working to his advantage. And then
let's go after the heroes, the true heroes in this country. Mark Kelly should be president
of the United States. He shouldn't be subject to a censure by Pete Hegset that couldn't hold his
jockstrap. Major Pete Hegssef? I don't think so. So let's dive in. You're here on the
Midas Dutch Network and on Legal AF. Just to bring you up to speed, let me show you the video that led
to the censure that now led to this lawsuit. This is a video, including Mark Kelly,
along with many other people in Congress. Let's play the clip. I'm Senator Alyssa Sotkin.
Senator Mark Kelly, Representative Chris Deluzio.
Congresswoman Maddie Goodlander. Representative Chrissy Hulahan.
Congressman Jason Crow.
I was a captain in the United States Navy.
Former CIA officer.
Former Navy.
Former paratrooper and Army Ranger.
Former Intelligence officer.
Former Air Force.
We want to speak directly to members of the military
and the intelligence community
who take risks each day to keep Americans safe.
We know you are under enormous stress and pressure right now.
Americans trust their military.
But that trust is at risk.
This administration is pitting our uniform military
and intelligence community professionals
against American citizens.
Like us.
You all swore an oath.
To protect and defend this Constitution.
Right now, the threats to our Constitution
aren't just coming from abroad,
but from right here at home.
Our laws are clear.
You can refuse illegal orders.
You can refuse illegal orders.
You must refuse illegal orders.
No one has to carry out orders
that violate the law or our Constitution.
We know this is hard.
And that it's a difficult time to be a public servant.
But whether you're serving in the CIA,
the Army, or Navy, the Air Force.
Your vigilance is critical.
is critical. And know that we have your back. Because now, more than ever, the American people need you.
We need you to stand up for our laws. Our Constitution and who we are as Americans. Don't give up.
Don't give up. Don't give up. Don't give up. Don't give up the ship. Now, soon thereafter,
Donald Trump went, I'd say he went crazy, but I think he just is criminally insane. As outlined on page
on 19 through 21 or 22 in the complaint, which I'll post on legal A.F. Substant.
for our paid members. Here's how Donald Trump reacted to that video. After the video went up,
on November 19th and November 20th, Trump posted, it's called seditious behavior at the highest level.
Each of these traders to our country, these are sitting members of Congress, should be arrested
and put on trial. We won't have a country anymore. An example must be set. He then posted,
this is really bad and dangerous to our country. Their words cannot be allowed to stand. Seditious behavior,
for traders, lock them up, question mark, question mark, seditious behavior, punishable by death,
came an hour later. He then asked for the hanging of six Congresspeople on page 20. After somebody
reposted a post calling for the hanging of six members, Trump agreed and said, hang them George Washington
would. He then went on and said the traders that told the military to disobey my orders,
should be in jail, not roaming the fake news networks trying to explain themselves with a bunch of
typos in there. And Mark Kelly has gone out, of course, publicly to defend himself.
This letter for anything that Pete Hegseth says or does to me is in no way going to affect
the way I do my job and represent my constituents in the United States Senate. It ain't happening.
So, you know, his option, you know, right now is he can continue with this kind of
or you can go take a hike.
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Now, let me tell you what the lawsuit, how it's framed. And I think it's smartly done by Arnold and Porter.
it's arguing that obviously Trump's going after Mark Kelly to try to chill his First Amendment
expression, but more to the point, his legislative function, his speech and debate function
as a member of the Senate, not just any member, the ranking member on two major committees,
which are responsible for trying to rein in Donald Trump's lawless global attacks
and attacks within the United States. Armed Services Committee, ranking members.
member Intelligence Committee,
Armed Services Intelligence Committee too.
And so what he's trying to do is to get Mark Kelly to back off.
That's why they say in their complaints the first time in history.
How many times do we have to use that phrase to introduce something about Donald Trump?
That a president has tried to use the threat of war crimes and hanging to try to chill
the First Amendment and speech and debate privileges of a sitting member of Congress.
Here's what they say.
On page three, the First Amendment forbids the government and its officials from punishing disfavored expression.
That prohibition applies with particular force to legislators speaking on matters of public policy.
As the Supreme Court held 60 years ago, the Constitution requires that legislatures be given the widest,
to express their views on issues of policy.
The executive actions also trample on protections.
The Constitution singles out as essential to legislative independence.
This is an attack on legislative independence,
just as it's an attack on the Federal Reserve's independence
by going after Jay Powell, the head of the Federal Reserve.
Paragraph 6.
It appears that never in our nation's history has the executive branch imposed military sanctions
on a member of Congress for engaging in disfavored political speech.
Allowing that step would invert the constitutional structure
by subordinating the legislative branch to executive discipline
and chilling congressional oversight of the armed forces.
The letter from Hegsef about foundational principles
and about potential commission of war crimes squarely
is everything that's within the legislative and oversight jurisdiction
of the committees on which Senator Kelly serves.
and violates due process.
Let me read to you now from the statement from Senator Kelly.
Here's what he had to say after filing this lawsuit.
Pete Hegg-Seth is coming after what I earned through my 25 years of military service
in violation of my rights as an American, as a retired veteran,
and as a United States Senator whose job it is to hold to him
and this or any administration accountable.
His unconstitutional crusade against me sends a chilling,
message to every retired member of the military. If you speak out and say something that the president
or secretary of defense doesn't like, you will be censured, threatened with demotion, or even
prosecuted. And of course, they have pensions that they're worried about as well. Every service member
knows military rank is earned, not given. It's earned through the risks you take, the sacrifices you
and your family make, the leadership you display, and the respect you earn from the superiors
who recommend you for promotion. From the moment I drove through the
gates of Naval Air Station, Pensacola in Florida, to when I was shot at over Iraq and Kuwait,
to when I landed Space Shuttle Endeavor on its last mission, I gave everything I had to this
country, and I earned my rank of Captain United States Navy. Now Pete Hegeseth wants our longest
serving military veterans to live with constant threat. That's not the way things work in the
United States, and I won't stand for it. In 1986, at just 22, I took an oath to protect and defend the
Constitution. I have fulfilled that oath every day, but I never expected that I would have to defend
it against the Secretary of Defense or President. So today I filed a lawsuit against the Secretary
of Defense because there are a few things as important as standing up for the rights of the very
Americans who fought to defend our freedoms. Senator Mark Kelly. For those that don't know his personal
life story in history, besides what I let off the hot take with in his 25 years in the military,
He's also the husband of Gabby Gifford.
Gabby Gifford, many people believe would have been a senator,
maybe alongside Mark Kelly,
if she had not been shot
and not only maimed, disfigured, and suffered brain damage
as a result of a shooting while she was campaigning for election in Congress
and thinking about running for the Senate.
Gabby Gifford's still with us, of course, thank God,
and works every day tirelessly.
on behalf of gun control and on victims of gun violence.
But to think that Pete Hegseth,
who came off the Fox and Friends couch,
who couldn't even crack the starting lineup of Fox and Friends,
he was the weekend anchor,
he was the guy that did the ball drop on New Year's Day,
fresh from the hair and makeup trailer
and from a stint in Afghanistan,
I believe, where he never reached the level of captain and couldn't hold Mark Kelly's jockstrap,
let alone challenge his patriotism.
But more fundamentally, this case is up and running.
As soon as it gets assigned to a judge and there's more developments in the case, I will bring it to your attention.
But we know the Trump administration.
They're going to fight back and fire back at Mark Kelly, trying to suppress the vote of him
and scare off all the other people that appeared in that video or anybody who played in that video.
plans on being in the next video. We'll continue to follow it here on the Midas Dutch Network and
LegalAF. Take a moment and hit the subscribe button on Midas and on LegalAF YouTube as well.
Until my next report, I'm Michael Popak.
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