Donald Trump’s political score-settling campaign suffered two humiliating setbacks but took one giant leap forward. The dropping of criminal cases against former FBI Director James Comey and New York Attorney General Letitia James raised questions about the competence of the Justice Department after a judge ruled that a prosecutor personally appointed by Trump was illegally confirmed amid rushed charges brought under political pressure. However, the administration wasted no time following the double defeat on Monday. The Pentagon promptly announced an investigation and potential court-martial for war hero, NASA astronaut, and Democratic Senator Mark Kelly over a video in which he and his colleagues stated that military personnel are not required to obey unlawful orders. This followed Trump’s statement last week that Kelly and other Democratic lawmakers who participated in the video and have military or intelligence backgrounds committed sedition—inciting insurrection against the state—which, according to Trump, is punishable by death. Trump has made no secret of his intention to use presidential power to pursue opponents in retaliation for his own criminal charges—this has become a cornerstone of his 2024 election campaign. But using the armed forces to attack a political opponent crosses a new line and raises concerns that veterans’ freedom of speech may be restricted if they criticize the commander-in-chief. This is also a continuation of Trump’s attempts to leverage government institutions to weaponize justice against his opponents—a process that, as the Comey and James cases show, has already gone far within the Justice Department. Defense Secretary Pete Hegset, as CNN reported, has already suspended senior officers in an effort to form a team he believes is supported by the president and his own creed of broad latitude for “war fighters.” He also fired leading lawyers who expressed doubts about the legality of the administration’s policies. The unusual possibility that a decorated retired Navy captain like Kelly could be recalled to active duty to face charges under wartime law threatens to further escalate the situation. “Trump wants to send a message: ‘If I can come after him, I can come after anyone,'” said Paul Ricco, founder and CEO of Independent Veterans of America. “This is crossing the Rubicon,” Ricco told John Berman on CNN’s “Anderson Cooper 360.” “The idea that you can drag (Kelly) back to active duty and threaten him with a court-martial… this breaks unbreakable rules in the modern military.” Since Kelly was a senior retired Navy officer, the law requires him to remain available for recall to service. The Pentagon stated it could recall him to service for a court-martial or administrative punishment. It is unclear what specific charges could be substantiated against Kelly, as his alleged offense was stating a fact—that members of the armed forces are only required to obey lawful orders under the Uniform Code of Military Justice. There should be substantial doubts that a case against Kelly will advance to the court-martial stage, if only because a conviction would set a precedent where any retired service member could be prosecuted by the government indefinitely for statements interpreted as criticizing the president’s actions. The video recorded by the Democratic congressmen sparked a discussion about whether they unnecessarily involved the military in political disputes through an election-year stunt. However, this did not happen in a vacuum. Trump has already ordered the deployment of reservists and Marines in US cities, which some judges blocked. And many experts believe the administration’s strikes against speedboat drug couriers in the Caribbean and Pacific violate due process and may infringe upon US and international law, as well as the Constitution. A Venezuelan Navy patrol boat is on patrol near the El Palito refinery in Puerto Cabello, Venezuela, on November 11. A Venezuelan Navy patrol boat is on patrol near the El Palito refinery in Puerto Cabello, Venezuela, on November 11. Juan Carlos Hernandez/AFP/Getty Images Trump seeks retribution—but will it backfire politically? Trump’s political strategy is clear. Through the prosecutions of Comey, James, and now the investigation into Kelly, he is leveraging the power of the executive branch to settle scores with political opponents. These are the actions of a president who takes his political feuds too personally and mistakenly believes his office grants him unlimited executive authority. Some Republicans insist his goals are justified. They argue that some or all of the criminal charges against Trump, including election interference, a felony conviction, and civil legal issues, are examples of “lawfare” by Democrats, and he has every right to respond in kind. It is appropriate to debate whether some of the trials were politically motivated and how strong the underlying legal theories are. But Trump was found guilty by a jury in the “hush money” case in New York, and there is substantial evidence that he tried to overturn the 2020 election results. Trump has denied any wrongdoing in any of the cases against him. And the president’s social media posts reveal his personal motivation. The accusations against Comey and James followed a social media post that may have intended to be a private message to Attorney General Pam Bondi demanding action. And the news of the investigation into Kelly came days after Trump unleashed social media attacks on the Democratic lawmakers who recorded the video. On Monday, Hegset issued a statement that seemed designed to capture the president’s attention with ramped-up rhetoric. “The video filmed by the ‘Seditious Six’ was disgusting, reckless, and false. Calling on our warriors to ignore their commanders’ orders undermines every aspect of ‘order and discipline.’ Their foolish adage sows doubt and confusion—which only puts our warriors at risk,” he wrote. The lawmakers in the video did not directly call on US service members to ignore their commanders’ orders. That argument would only hold if the commanders were issuing unlawful orders. The video stated that service members may or are required to refuse unlawful orders or those that violate the Constitution. The legality of an order is often difficult to determine in the heat of battle. This is why representatives from the Judge Advocate General’s Corps (JAG) are often attached to units to provide legal counsel to active-duty service members, sometimes under combat conditions. Every member of the armed forces is trained in their legal obligations. Supporters of the Democrats who recorded the video argue they were merely stating that everyone in the military is obligated to obey the law—hardly a serious crime. Kelly stated that if the goal was to intimidate him, “it won’t work.” He added in a statement on X: “I have given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
The White House insists on its position A successful conviction of Kelly, Comey, or James seems unlikely. However, entanglement in legal battles can be traumatic and lead to financial ruin. “The process itself is a punishment,” Casey Hunt Miles Taylor, a former State Department official involved in homeland security who is under investigation by the Department of Justice after criticizing Trump in his first term, told CNN. The White House reacted to the defeats in the Comey and James cases, as always: by redoubling attacks and announcing plans for appeals, while also hinting that any judge ruling against the president is acting out of incompetence or political motives. “I know the Department of Justice will appeal this as soon as possible, so perhaps James Comey should hold off on the victory parade,” said White House Press Secretary Karoline Leavitt. Karoline Leavitt, White House Press Secretary, speaks with members of the media outside the White House in Washington, D.C., on Monday. Karoline Leavitt, White House Press Secretary, speaks with members of the media outside the White House in Washington, D.C., on Monday. Aaron Schwartz/CNP/Bloomberg/Getty Images A federal judge dismissed the cases, ruling that Trump’s appointment of former White House official Lindsey Holland as acting U.S. Attorney in Alexandria, Virginia, was invalid. The President rushed Holland into the position in an attempt to file criminal charges in time. Comey pleaded not guilty to charges of lying and obstructing Congress during testimony in late 2020. James, who stated her intention to investigate Trump’s business dealings during her campaign for Attorney General, secured a civil fraud ruling against the president, his adult sons, and the Trump Organization in September 2023. She herself has not admitted guilt in the mortgage fraud case initiated by the administration. Kelly gains political notoriety The legal and constitutional aspects of Monday’s legal drama will not be resolved quickly. However, the political ramifications were immediate. Kelly is viewed as a potential Democratic presidential candidate in 2028, capable of attracting moderate voters. He has strong credentials as a senator from a border state and due to his military background. He wasted no time sending out numerous fundraising emails after the news, telling supporters, “The military establishment is after me because they don’t like what I’m saying.” Like California Governor Gavin Newsom and Illinois Governor JB Pritzker—other potential Democratic presidential candidates—Kelly now has a cause to fight the administration and a platform to demonstrate the defiance of Trump that his party’s voters crave. The politics of this confrontation could backfire on the president. After all, the Commander-in-Chief, who never served in the military, is now using his power against a hero who flew fighter jets off an aircraft carrier over Iraq during the 1991 Gulf War and distinguished himself by flying space shuttles. Kelly implicitly emphasized this contrast in his statement. “When I was 22, I became a midshipman in the U.S. Navy and swore an oath to the Constitution. I have upheld that oath through flight school, several missions aboard the USS Midway, 39 combat sorties in Operation Desert Storm, test pilot school, four space shuttle flights with NASA, and I continue to do so every day since retiring—which happened after my wife Gabby was wounded in the head while serving her constituents,” Kelly said. The Arizona senator is married to Gabrielle Giffords, a former Democratic member of the House of Representatives who was shot and severely brain-injured in an assassination attempt at a rally in 2011. Although Trump has always benefited politically from engaging in battles and singling out political opponents—at least among his staunchly loyal voters—he has broader problems than personal grievances. He is struggling to show empathy for voters suffering from high food and housing prices. On Monday, the White House postponed an expected announcement of a new health insurance plan as millions of Americans face sharp increases in premiums. Trump’s approval ratings have dropped, and the sudden resignation of Georgia Congresswoman Marjorie Taylor Greene, a once-staunch supporter, revealed fractures in the MAGA movement. And while many Republicans nervously await next year’s midterm elections as voters demand help, their president is mired in old personal feuds—including one with Comey that has been going on for nearly a decade.
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