"Geoffrey Corn, a 20-plus-year U.S. Army veteran, told Mediaite founder Dan Abrams this week that Secretary of Defense Pete Hegseth likely overstepped his legal authority when initiating a process that could strip Sen. Mark Kelly (R-AZ) of his military rank and reduce his pension. Corn joined Abrams on SiriusXM's The Dan Abrams Show, where he broke down how Hegseth's actions could lead to a showdown in federal court. Corn is a retired U.S. Army Judge Advocate General's Corps (JAG) officer."
"Hegseth accused Kelly of seditious conduct in a video where Kelly and other Democratic lawmakers urged intelligence and military service members not to follow any illegal orders. The lawmakers claimed there are threats to the Constitution within the United States in the video that Trump called seditious. Corn, the chair of criminal law and director of the Center for Military Law & Policy, told Abrams that he believed Kelly's words were not the wisest, but legally accurate."
"Hegseth wrote in a Monday morning post that the Department of Defense had begun retirement grade determination proceedings under 10 U.S.C. 1370(f) against Kelly. He said a Letter of Censure should also be added to his military personnel file. Corn explained that normally, such a proceeding would need to be kicked off by the secretary of whatever branch of military the service member in question retired from, not from the Secretary of Defense."
Pete Hegseth initiated retirement grade determination proceedings under 10 U.S.C. 1370(f) against Sen. Mark Kelly and recommended adding a Letter of Censure to Kelly’s military personnel file. The proceedings could strip Kelly’s rank and reduce his pension. Statutory procedure generally requires the secretary of the service from which the member retired to initiate such actions, not the Secretary of Defense; for Kelly the Secretary of the Navy would be the proper initiator. Kelly has 30 days to respond and will face a panel of three higher-ranking military officers who can advise whether he is guilty of the accusations. Kelly was accused of seditious conduct after urging service members not to follow illegal orders.
Read at www.mediaite.com
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