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Ben Ferguson
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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 and and 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, if they haven't already.
You're listening to the 47 Morning Update with Ben Ferguson.
News Anchor
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. And 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 it's Comey off the hook. I'll explain that as well. It's the 47 Morning Update and it starts right now.
Ben Ferguson
Story number one, the Department of War.
News Anchor
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 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.
Ben Ferguson
I'm Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d', Aluzio, Congresswoman Maggie Goodlander.
Representative Chrissy Houlihan, 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 uniformed 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.
News Anchor
Right here at home.
Ben Ferguson
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 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 the ship.
News Anchor
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 at 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 Pete had Seth made his own statement following his department's 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 to miss a blow up next to my jet and flew through anti aircraft fire to drop bombs on enemy targets and NASA. I launched on a rocket command the Space shuttle. It 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 tweet 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 Galle, 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.
Ben Ferguson
Now story number two, there's an important.
News Anchor
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 US District Judge Cameron McGowan Curry dismissed the case against Comey, which accused him of making a false statement and obstructing Congress in 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 to 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.
Ben Ferguson
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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Ben Ferguson
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Episode: BONUS POD – Trump Slams the ‘Seditious Six’ After Military Defiance plus Clinton-Appointed Judge Blocks Comey Prosecution
Date: November 25, 2025
Hosts: Ben Ferguson (filling in)—with statements from Donald Trump, military officials, Senator Mark Kelly, and others
This bonus episode of Verdict with Ted Cruz (hosted by Ben Ferguson) delves into two major political stories:
The episode aims to break down the facts, reactions, and possible consequences of these unprecedented events, highlighting sharp partisan divides and raising questions about the boundaries of lawful dissent and political accountability in contemporary America.
[03:10 – 12:41]
Allegations Against Sen. Mark Kelly:
The Department of War launches an investigation into Senator Mark Kelly (retired Navy captain) for his involvement in a video where multiple Democratic lawmakers urge military personnel and intelligence officials to disobey unlawful orders, specifically under the Trump administration.
Details of the Video:
The video includes the so-called “Seditious Six”:
The lawmakers, all with military or intelligence backgrounds, stress the importance of refusing unlawful orders, though no specific examples are provided. The full statement urges vigilance and upholding the Constitution.
Department of War Response:
The Department confirms an investigation, with possible outcomes including a recall to active duty for potential court martial for Kelly, the only retiree among the group subject to the UCMJ. The other members are not under military law as retirees.
"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..." (News Anchor, 05:48)
Presidential & Secretary Responses:
"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."
(Donald Trump, True Social post, quoted at 09:38)
"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..."
(Headset statement, 10:14)
Kelly's Defense:
Sen. Kelly responds with a detailed defense of his service and patriotism, rejecting attempts at intimidation:
"I've given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution."
(Sen. Mark Kelly, 11:31)
Democratic Support:
Fellow Democrats, notably Sen. Ruben Gallego (AZ), issue strong statements of solidarity:
"F*** you and your investigation."
(Sen. Gallego, 12:18; explicit language noted and directly quoted on-air)
[12:41 – 15:38]
Case Background:
Former FBI Director James Comey faced indictment for making false statements and obstructing Congress. On Monday, a judge dismissed the indictment on procedural grounds, citing improper DOJ appointment procedures for the lead prosecutor.
Legal Reasoning:
"I agree with Mr. Comey that the Attorney General's attempt to install Ms. Halligan...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."
(Judge Curry, 13:32, as quoted by Ben Ferguson)
Reactions:
"This may delay justice, but it won't stop it. An appeal is coming. Comey and James are not off the hook."
(Ben Ferguson summarizing Mazzelli, 14:18)
"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."
(15:12)
Analysis:
Ferguson critiques the ruling as that of an “activist judge,” emphasizes the temporary nature of the victory for Comey, and insists that appeals will follow. He frames this as yet another example of partisan judicial interference but assures listeners that “justice” will continue to be sought.
From the “Seditious Six” Video:
"You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution... Don't give up the ship."
(07:53–08:46; multiple Representatives/Senators)
Donald Trump:
"It was sedition at the highest level, and sedition is a major crime. There can be no other interpretation of what they said."
(09:38)
Secretary Pete Headset:
"Kelly's conduct brings discredit upon the Armed Forces and will be addressed appropriately."
(11:07)
Sen. Mark Kelly:
"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."
(11:31)
Sen. Ruben Gallego:
"F*** you and your investigation."
(12:18, explicit)
Judge Curry Ruling:
"Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey's motion and dismiss the indictment without prejudice."
(13:32)
For listeners wanting a deep-dive, timestamped analysis, and the full, unfiltered language of the debate, this episode delivers a front-row seat to pivotal, controversial moments in American politics.