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Narrator/Reporter
What was President Trump's reaction to those indictments against Comey and James being thrown out? His reaction was we've seen this before. We've seen partisan judges take unprecedented steps to try to intervene in accountability before. But we're not going to give up. And I know that the Department of Justice intends to appeal these rulings very soon. They haven't already.
Ben Ferguson
You're listening to the 47 Morning Update with Ben Ferguson.
Good Tuesday morning. Nice to have you with us on the 47 Morning Update. And we've got two major stories for you this morning coming out of the White House. First up, the Department of War is investigating Senator Mark Kelly for seditious video urging the military to disobey Donald Trump. How significant is this and what could the consequences be? Well, we'll explain it for you in just a moment. Also, you may have seen a report, a big celebration today that James Comey and his case are being dismissed. Well, the Clinton appointed judge that dismissed the Comey indictment. It's predictable. And there will be an appeal. So what actually happens next? And is Comey off the hook? I'll explain that as well. It's the 47 Morning Update and it starts right now.
Story number one, the Department of War.
Is investigating Senator Mark Kelly for seditious video urging military to disobey the president. United States of America, Donald Trump. That's right. The Department of War launching this investigation that may lead to court martial proceedings after what was described as a serious allegation of misconduct were made against him. Kelly, a retired US Navy captain, has been facing accusations of sedition from President Donald Trump after participating in a video with other Democrats last week calling on military service members and intelligence officials to, quote, refuse illegal orders from the administration. In a statement posted on social media, the Department of War announced that it was aware of the severe accusations and has initiated a thorough review to determine whether further actions are needed, which may include recall to active duty for court martial proceedings or administrative measures, quote, unquote. This matter, they went on to say, will be handled in compliance with military law, ensuring due process and impartiality, the Department stated. Further, official comments will be limited to preserve the integrity of the proceedings. Now, the Department of War also added a reminder to all military retirees that they remain subject to the Uniform Code of Military justice, known as the ucmj, for applicable offenses, as well as the federal laws that prohibit actions to interfere with, impair or influence the loyalty, morale, or good order and discipline of the armed forces. All service members, they went on to say, are reminded that that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful. The Department states. A service member's personal philosophy does not justify or excuse the disobedience of an otherwise lawful order. Now, the controversial video also featured statements from Senator Elise Slocan, a Democrat from Michigan, and Representative Chris DeLuzio, Democrat, Pennsylvania Chrissy Hallahan, Democrat, Pennsylvania Maggie Goodlander, Democrat from New Hampshire and Jason Crow, a Democrat from Colorado. While the Democratic lawmakers did not give any examples of orders from the Trump administration that are, quote, unquote, illegal, they claim that the threats coming to our Constitution aren't just coming from abroad, but from right here at home. Here is more of that video. If you missed exactly what they said, take a listen carefully to the words they use.
Democratic Lawmakers
I'm Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d', Aluzio, Congresswoman Maggie Goodlander.
Narrator/Reporter
Representative Chrissy Houlihan, Congressman Jason Crow.
Democratic Lawmakers
I was a captain in the United States Navy, former CIA officer, former Navy, former paratrooper and Army Ranger, former intelligence.
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Officer, former Air Force.
Democratic Lawmakers
We want to speak directly to members of the military and the intelligence community who take risks each day to keep Americans safe.
Narrator/Reporter
We know you are under enormous stress and pressure right now. Americans trust their military, but that trust is at risk.
Democratic Lawmakers
This administration is pitting our uniformed military and intelligence community professionals against American citizens like us. You all swore an oath to protect.
Narrator/Reporter
And defend this Constitution.
Democratic Lawmakers
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.
Narrator/Reporter
You can refuse illegal orders.
Democratic Lawmakers
You must refuse illegal orders.
Narrator/Reporter
No one has to carry out orders that violate the law or our Constitution.
Democratic Lawmakers
We know this is hard and that it's a difficult time to be a public servant.
Narrator/Reporter
But whether you're serving in the CIA.
Democratic Lawmakers
The army or Navy, the Air Force, your vigilance is critical.
Narrator/Reporter
And know that we have your back. Because now more than ever, the American people need you. We need you to stand up for.
Democratic Lawmakers
Our laws, our Constitution, and who we are as Americans. Don't give up, don't give up, don't give up.
Narrator/Reporter
Don't give up the ship.
Ben Ferguson
Don't give up the ship. As Senator Elisa Slocum put it, we want to speak directly to members of the military and the intelligence community. The American people need you to stand up for our laws and our Constitution. Don't give up the ship, she wrote online Now. While the Democratic lawmakers again didn't give any examples of orders from the Trump administration that are illegal, they claim that the threats coming to our Constitution aren't just coming from abroad, but from right here home. Donald Trump responded to the video on True Social Writing. The traitors that told the military to disobey my orders should be in jail right now, not roaming the fake news networks trying to explain that what they said was okay. It wasn't and never will be. It was sedition at the highest level and sedition is a major crime. There can be no other interpretation of what they said. War Secretary Peter Seth made his own statement following his departments, calling the lawmakers the Seditious Six while arguing that the video was despicable, reckless and also false, saying this encouraging our warriors to ignore the orders of their commanders undermines every aspect of good order and discipline. Their foolish screed sows doubt and confusion, which only puts our warriors in danger. He went on to explain that Kelly is the only one in the video who falls under the US MJ jurisdiction as Slocan is former CIA and the other four are former military but not retired. As we announced, the department is reviewing Kelly's statements and actions which were addressed directly to all troops, while explicitly using his rank and service affiliation, lending the appearance of authority to his words. Headset stated Kelly's conduct brings discredit upon the armed forces and will be addressed appropriately. Kelly responded to the Department of War's announcement in a statement this evening saying, quote, when I was 22 years old, I commissioned as an ensign in the United States Navy and swore an oath to the Constitution. I upheld that oath through flight school, multiple deployments on the USS Midway, 39 combat missions in Operation Desert Storm, Test Pilot School, four space shuttle flights at NASA, and every day since I retired, which I did after my wife Gabby was shot in the head while serving her constituents, he said. In combat I had a missile blow up next to my jet and flew through anti aircraft fire to drop bombs on enemy targets at NASA. I launched on a rocket command the space shuttle and was part of the recovery mission that brought home the bodies of my astronaut classmates who died on Columbia. I did all of this in service to this country that I love and have given me so much. Secretary Head says Tweed is the first I heard of this. I also saw the President's post saying I should be arrested, hanged and put to death. If this is meant to intimidate me and other members of Congress from doing our jobs and holding the administration accountable, it won't work. I've given too much this country to be silenced by bullies who care more about their own power than protecting the Constitution. And if you think Democrats aren't organizing to stand behind Kelly and others, look no further than Senator Ruben Gallego, Democrat from Arizona. He leaped to his fellow Arizona center's defense, writing plainly f you and your investigation. Yes, he used the entire word. That is your Senator from Arizona. So here we are, the President, United States of America, saying the rules will be followed and you can say all you want to in a tweet that you weren't trying to overthrow the will of the people or undermine the military, but there are rules and the Department of War is now investigating Senator Mark Kelly, no matter what he says online.
Now story number two, there's an important.
Update for you and it deals with the Clinton appointed judge who has dismissed the US Justice Department's indictment of former FBI Director James Comey on Monday, ruling that the interim U.S. attorney appointment to the Eastern District of Virginia violated federal code. The Trump administration, however, is set to appeal that ruling and that is a very important point moving forward. The U.S. district Judge Cameron McGowan Curry, dismissed the case against Comey, which accused him of making a false statement and obstructing Congress and a 29 page ruling. Mr. Kony now moves to dismiss the indictment on the grounds that Ms. Halligan, the sole prosecutor who presented the case, the grand jury was unlawfully appointed in violation of 28 USC 546 and the Constitution's Appointments Clause as explained below. I agree with Mr. Comey that the Attorney General's attempt to install Ms. Halligan and interim U.S. attorney for the Eastern District of Virginia was Invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey's motion and dismiss the indictment without prejudice. Now, former Justice Department Chief of Staff Chad Mazzelli said the ruling was incorrect for many reasons, including that dismissal of these indictments is the wrong remedy. Both indictments were ratified by senior DOJ leadership, including the Attorney General. He added, this may delay justice, but it won't stop it. An appeal is coming. Comey and James are not off the hook. Curry sided with Comey's defense attorneys, who argued, per the ruling, that the code quote, limits the total tenure of the Attorney General's interim appointment to 120 days and therefore precludes an additional appointment by the Attorney General after the expiration of that 120 day period. So in translation, what is this really about? An activist judge, another activist judge getting involved? Will this change the case? The answer is no. Does this mean that James Comey is off the hook and sleeping better tonight? Probably not. It's a delay. But it does not mean that this is some grand victory for James Comey and justice. Now, ultimately, that's exactly what we should all be advocating for. We should be advocating for justice to be served. I never want anyone to be persecuted because of their political leanings. I do want there to be justice if you lie to Congress. And that's exactly what it appears like James Comey actually did. So if you see the headlines that say that you should be celebrating or that the case is all over, just know that's the mainstream media lying to you yet again, not telling you all the facts that you just got right here today.
Thank you for listening to the 47 Morning Update with Ben Ferguson. Please make sure you hit subscribe wherever you're listening to this podcast right now and for more in depth news, also subscribe to the Ben Ferguson Podcast and we will see you back here tomorrow.
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Podcast Host
Today I use Shipt Same Day Delivery to stay connected with my sister during the holidays. She lives across the country. Shiptrail Shipt has tons of stores to order from. Groceries from Albertsons, crafts from Michaels, even pet supplies from petsmart. The list goes on. So when we have long distance movie nights, I turn to Shipt to get face masks, snacks and everything else we need delivered to her and to me same day. Download the app or visit shipt.com that's.
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Podcast Host
This is an iHeart podcast. Guaranteed Human.
Episode Title: Trump Slams the ‘Seditious Six’ After Military Defiance plus Clinton-Appointed Judge Blocks Comey Prosecution
Date: November 25, 2025
Host: Ben Ferguson
In this episode, Ben Ferguson addresses two major political developments:
Throughout, Ben critiques the involved lawmakers and judiciary, previews the likely appeals to come, and positions mainstream reporting as misleading on these controversies.
[03:30–12:38]
Memorable Moments:
[12:38–15:35]
Department of War on the UCMJ:
"All service members... have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful. A service member's personal philosophy does not justify or excuse the disobedience of an otherwise lawful order." – DoW Statement, summarized at [05:30]
Democratic Lawmakers’ Video:
"Our laws are clear. You can refuse illegal orders. You must refuse illegal orders." – Democratic Lawmakers, [08:10]
"Don't give up, don't give up, don't give up—the ship." – Democratic Lawmakers, [08:41]
President Trump (Truth Social):
"The traitors that told the military to disobey my orders should be in jail right now, not roaming the fake news networks... There can be no other interpretation of what they said. War Secretary Peter Seth made his own statement..." – Read by Ben Ferguson, [09:10]
War Secretary Peter Seth:
"Encouraging our warriors to ignore the orders of their commanders undermines every aspect of good order and discipline. Their foolish screed sows doubt and confusion..." – Peter Seth, summarized by Ben, [09:54]
Senator Mark Kelly’s Response:
"I've given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution." – Mark Kelly, [11:15]
Senator Ruben Gallego:
"F--- you and your investigation." – Paraphrased, [12:00]
Judge Curry on Comey Case:
"I will grant Mr. Comey's motion and dismiss the indictment without prejudice." – Reading ruling, [13:24]
Chad Mazzelli (DOJ):
"This may delay justice, but it won't stop it. An appeal is coming. Comey and James are not off the hook." – [13:54]
Ben Ferguson’s Perspective:
"If you see the headlines that say that you should be celebrating or that the case is all over, just know that's the mainstream media lying to you yet again..." – [15:15]
Ben Ferguson’s episode is a deep dive into ongoing clashes between the Trump administration, Democratic lawmakers, and the judiciary. He presents the Department of War’s probe of Senator Mark Kelly and others as a matter of law and order versus political theater, highlighting the administration’s hardline stance and the Democratic pushback. The show then unpacks the recent dismissal of James Comey’s indictment, casting doubts on the judicial process but predicting the legal fight is far from over.
Listeners are urged to look past mainstream headlines, with Ben frequently stressing the importance of facts over spin. The episode features memorable, contentious exchanges and illustrates the fraught state of politics around military loyalty, judicial independence, and accountability in the Trump era.