Major Lawsuit Served on Trump by Dem Senator

Summary

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Legal AF – Episode Summary

Podcast: Legal AF by MeidasTouch
Episode: Major Lawsuit Served on Trump by Dem Senator
Date: January 13, 2026
Hosts: Michael Popok, Ben Meiselas

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Episode Overview

This episode focuses on a major lawsuit filed by Senator Mark Kelly against Secretary of Defense Pete Hegseth, in connection with threats and censure following Kelly’s outspoken opposition to Donald Trump’s recent executive actions. The hosts analyze the political and legal implications of these events against the backdrop of escalating presidential overreach and efforts to intimidate Congressional oversight, particularly targeting decorated veterans serving in Congress.

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Key Discussion Points & Insights

1. Background: Senator Kelly’s Lawsuit and Trump Administration Actions

• Michael Popok opens by contextualizing Senator Mark Kelly’s lawsuit against Secretary of Defense Pete Hegseth.
  • Hegseth delivered a censure letter threatening to strip Kelly of his rank, court-martial him, and revoke his pension after Kelly, along with others, urged the military to refuse illegal orders ([00:00]).
  • Kelly, a 25-year military veteran, is heavily decorated and serves on the Armed Services and Intelligence Committees.
• The Trump administration’s recent actions include:
  • Extrajudicial military force (e.g., bombing in the Caribbean, invasion of Venezuela) without Congressional approval.
  • Attempts to undermine oversight, both legislative (targeting Kelly) and institutional (targeting the Federal Reserve chair).
  • Creation of a climate hostile to whistleblowers and congressional dissent, particularly from veteran lawmakers.

2. The Video that Triggered the Censure

• A bipartisan group of military veterans in Congress released a video advising military and intelligence personnel not to follow illegal or unconstitutional orders ([04:15]–[05:37]).
  • Key message: “You must refuse illegal orders... No one has to carry out orders that violate the law or our Constitution.”
• Trump responded with social media posts calling the participants “traitors,” suggesting they should be arrested, tried, and even hanged ([05:39]).
  • Quote: “It’s called seditious behavior at the highest level. Each of these traitors... should be arrested and put on trial... hang them, George Washington would.” – Donald Trump, recounted by Michael Popok ([05:39])

3. Senator Kelly’s Response

• Kelly remains resolute, dismissing the censure as ineffective intimidation:
  • Quote: “This letter or 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. Ain’t happening.” — Senator Mark Kelly ([07:05])
• Michael Popok and Ben Meiselas underscore Kelly’s integrity, military service, and refusal to be cowed.

4. Legal Analysis of the Lawsuit

• The Arnold & Porter law firm represents Kelly in seeking:
  • Judicial declaration that Hegseth’s efforts are unlawful.
  • Injunctions against any censure or punitive actions affecting Kelly’s military record or congressional role ([08:42]).
• Legal arguments highlight:
  • Protection under the First Amendment and Speech or Debate Clause of the Constitution.
  • Unprecedented nature of executive action against a legislator for protected speech.
    • Quote (from complaint): “The First Amendment forbids the government and its officials from punishing disfavored expression... the Constitution requires that legislatures be given the widest latitude to express their views on issues of policy.” – Michael Popok summarizing the filing ([08:42])
• Concerns about chilling effects on military veterans in public office and legislative independence.
  • Quote: “His unconstitutional crusade against me sends a chilling message to every retired member of the military. If you speak out... you will be censured, threatened with demotion, or even prosecuted.” — Senator Mark Kelly, statement read by Michael Popok ([08:42])

5. Broader Implications and Next Steps

• The hosts reflect on the broader context:
  • Executive branch intimidation of Congress threatens the constitutional balance of powers.
  • The lawsuit is seen as a defense of legislative, military, and constitutional rights.
• Personal note on Kelly’s history, including his wife Gabby Giffords’ advocacy after surviving an assassination attempt ([08:42]–[10:30]).

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Notable Quotes & Memorable Moments

• Michael Popok (on the Trump administration): “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.” ([01:31])
• Michael Popok (on Hegseth): “It couldn’t hold his jock strap. Major Pete Hegseth. I don’t think so.” ([01:54])
• Senator Mark Kelly: “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... That’s not the way things work in the United States, and I won’t stand for it.” ([08:42])
• Michael Popok (on historical significance): “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...” ([08:42])

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Timestamps for Important Segments

• [00:00] – Episode opens, Michael Popok outlines the breaking legal news and Trump administration context.
• [04:15]–[05:37] – Congressional veterans’ video on refusing illegal orders.
• [05:39] – Trump’s hostile online response to the video and summary of threats.
• [07:05] – Senator Kelly’s on-air response: “Ain’t happening.”
• [08:42] – Legal breakdown: lawsuit details, relevant constitutional provisions, and Kelly’s official statement.
• [11:10+] – Broader context, personal history, and anticipated next steps.

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Tone and Style

Throughout the episode, the hosts mix impassioned legal analysis with direct, sometimes irreverent commentary. Michael Popok’s delivery is assertive, using vivid language to emphasize the unprecedented dangers posed by Trump’s moves against Congress, while direct quotes from Senator Kelly project resolve and patriotism.

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Summary

This episode of Legal AF deeply examines the constitutional crisis embodied by Senator Mark Kelly’s lawsuit against the Trump administration, situating it in the broader struggle over the boundaries of presidential power and legislative independence. The hosts elucidate the legal strategies in play, Kelly’s personal and professional stakes, the chilling effect on both veterans in Congress and democratic norms, and the extraordinary nature of the present historical moment.

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Transcript

[Michael Popak]

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 Hegseth for his threats, know 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, to stand up as a member of Congress against an 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, the last flying of the endeavor. And, and somebody who is on, and this is the major focus here, who is 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, 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 when 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 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 martial 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, declare those actions are lawful, stop them from happening, vacating and setting aside the censure letter, enjoining, 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 Popak, 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. 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 Hegseth. It couldn't hold his jock strap. Major Pete Hegseth. I don't think so. So let's dive in. You're here on the Midas Thatch 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.

[Unidentified Female Speaker 1]

I'm Senator Alyssa Slotkin.

[Unidentified Male Speaker 1]

Senator Mark Kelly. Representative Chris d'. Aluzio.

[Unidentified Female Speaker 1]

Congresswoman Maggie Goodlander. Representative Chrissy Houlihan.

[Unidentified Male Speaker 1]

Congressman Jason Crow. I was a captain in the United States Navy, former CIA officer, former Navy, former paratrooper and Army Ranger, former intelligence.

[Unidentified Female Speaker 1]

Officer, former Air Force.

[Unidentified Male Speaker 1]

We want to speak directly to members of the military and the intelligence community who take risks each day to keep Americans safe.

[Unidentified Female Speaker 1]

We know you are under enormous stress and pressure right now. Americans trust their military, but that trust is at risk.

[Unidentified Male Speaker 1]

This administration is pitting our uniform military and intelligence community professionals against American citizens like us. You all swore an oath to protect.

[Unidentified Female Speaker 1]

And defend this Constitution.

[Unidentified Male Speaker 1]

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.

[Unidentified Female Speaker 1]

You can refuse illegal orders.

[Unidentified Male Speaker 1]

You must refuse illegal orders.

[Unidentified Female Speaker 1]

No one has to carry out orders that violate the law or our Constitution.

[Unidentified Male Speaker 1]

We know this is hard and that it's a difficult time to be a public servant.

[Unidentified Female Speaker 1]

But whether you're serving in the CIA, the army or Navy, the Air Force.

[Unidentified Male Speaker 1]

Your vigilance is critical.

[Unidentified Female Speaker 1]

And know that we have your back. Because now more than ever, the American people need you. We need you to stand up for.

[Unidentified Male Speaker 1]

Our laws, our Constitution, and who we are as Americans. Don't give up. Don't give up. Don't give up.

[Unidentified Female Speaker 1]

Don't give up the ship now.

[Michael Popak]

Soon thereafter, Donald Trump went. I'D say he went crazy, but I think he just is criminally insane as outlined on page 19 through 21 or 22 in the complaint, which I'll post on legal AF substack for our paid members. Here's how Donald Trump reacted to that video. After the video went up on November 19 and November 20, Trump posted, It's called seditious behavior at the highest level. Each of these traitors 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 traitors Lock them up. Question mark, question mark. Seditious behavior punishable by death came an hour later. He then he then asked for the hanging of six congresspeople on page 20 after somebody reposted something post calling for the hanging of six members. Trump agreed and said, hang them George Washington Wood. He then went on and said, the traitors 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.

[Senator Mark Kelly]

This letter or 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. Ain't happening. So you know, his option, you know right now is he can continue with this kind of or he can go take a hike.

[Ben Meisellis]

Hey everybody, Ben Meisellis here from the Midas Touch Network. I wanted to let you know about my podcast partner Michael Popox new law firm. It's called the Popak Firm. Michael Popo's pursuing his dream of starting his own law firm. Really based on the popular demand by all the Midas mighty and legal A effers who are approaching Michael Popak with their cases and saying can you help us? And at that time Popak was not able to. So he went out on his own. He started the Popoc firm where he is now handling catastrophic injury cases like car accident cases, trucking cases, malpractice cases, big negligence cases, wrongful death cases. So if you or someone you know have a case like this, the consultation with Popox firm is free. Give him a call. See if you have a case. It's the popoc firm.com thepopoc firm.com or you can call 877-popock-af-p o p o k a f so 1-87-7-p o p o k a F give Michael Popak a call. And I'm really proud of you, Popak. Thanks for all the hard work you're putting in.

[Michael Popak]

Now, let me, let me tell you what the lawsuit, how it's framed, and I think it's smartly done by Arnold and Porter. First, 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 Kelly Trump's lawless global attacks and attacks within the United States. Armed Services Committee. Ranking 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 the legislators speaking on matters of public policy. Policy. As the Supreme Court held 60 years ago, the Constitution requires that legislatures be given the widest latitude 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, that 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 Hegseth 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 Hegseth 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 and as a United States Senator whose job it is to hold 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 Hegseth 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, I against the Secretary of Defense. Because there are 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 and 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, 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 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 gonna 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 plans on being in the next video. We'll continue to follow it here on the Midas Touch Network and Legal af. Take a moment and hit the subscribe button on Midas and on legal AF YouTube as well. Until my next report, I'm Michael Popak.

[Unidentified Male Speaker 2]

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[Michael Popak]

Me neither.

[Unidentified Male Speaker 2]

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