US Department of Defense Threatens to Prosecute US Senator Mark Kelly, a Retired Naval Officer, Allegedly for Conduct in Violation of the US Uniform Code of Military Justice

US Department of Defense Threatens to Prosecute US Senator Mark Kelly, a Retired US Naval Officer, Allegedly for Conduct in Violation of the US Uniform Code of Military Justice:

Clink-on links to access and read the applicable news articles: https://www.newser.com/story/379263/pentagon-investigates-mark-kelly-over-troops-video.html , https://www.newser.com/story/379282/kelly-fires-back-against-court-martial-threat.html

Bluff and intimidation by the Department of Defense, newly re-named the Department of War, to intimidate US Senator Mark Kelly as well as like-minded observers and critics into silence and a go-along-to-get-along political posture with the MAGA-Trump presidential administration that is on a warmongering footing and path.

(Quote, Senator Mark Kelly@SenMarkKelly:

"When I was 22 years old, I was 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 for space")

US armed forces Uniform Code of Military Conduct and Justice and training prescribe and instruct that armed forces personnel of all ranks have the right and duty to refuse to comply with and carry out unlawful, or illegal, orders from whomever, and upon their induction into military service they each and all vocally swear an oath of allegiance to protect and defend (uphold and preserve) the US Constitution, the charter and prescriptive embodiment of the Constitutional Bill of Rights Republic form and system of government and democracy of the USA. Their military and civilian bosses and peers and their parents, siblings, friends, spouses, children, girlfriends or boyfriends, teachers, clergy, intellectual, moral and spiritual advisers, confidants, media influence sources and government officials of every kind and strangers, etc., have the unalienable First Amendment right of freedom of speech, that is not legally, as well as explicitly, seditious, and can legally and most honorably advise or exhort them to comply with their said military right and duty, and oath of service, without any adverse government or other authority meted out consequence, which is not and cannot be seditious since it is military law and military enforced lawful procedure. US Constitutionally, only the bicameral US Congress can legislatively write (originate) and make law; not, emphatically, the US president nor the courts of the judiciary, although the courts can make legally binding and enforceable rulings of compliance and noncompliance with and of violations of US Constitutional and Congressional statutory law and on conflicts and ambiguities within and between these bodies of law, but always in favor of the US Constitution, the supreme law of the USA, in conflicts between US Constitutional and Congressional statutory law. The US president cannot abolish or lawfully violate and/or override the Uniform Code of Military [Conduct and] Justice, but as the top official of the US armed forces and thereby a member of them all, is also fully subject and accountable to this body of law. Neither military nor civilian courts can lawfully criminally convict a soldier or any number of soldiers for refusing to comply with an unlawful order nor can anyone whomever be lawfully criminally convicted for counseling or exhorting any soldier or number of soldiers to refuse to comply with an unlawful order from whomever.

(Senator Mark Kelly@SenMarkKelly
United States Senator for Arizona. Father, husband, Navy combat veteran, and retired NASA astronaut.)

Also, check out the following click-on brief news article on FBI major redacting of the Epstein Sex-Crime Files prior to their release to the US Congress:

The [?DJT's, DOJ's and] FBI's Scramble to Redact the Jeffrey Epstein Sex-Crime Files Revealed

Click on the following link to access and read the brief news article: https://www.yahoo.com/news/articles/fbi-frantic-scramble-redact-jeffrey-175745507.html

The US Congress Cannot Make a Law that Violates or Changes the US Constitution and, Therefore, It Cannot Pass a Valid Law that Cancels or Modifies Its Own US Constitutional Powers, Such as to Tax and Levy Tariffs, Without a Constitutional Amendment

The US Congress Cannot Abdicate, Reassign to Another Branch of Government or Change the Duties, Responsibilities and Authorities Assigned to It, Such as to Tax and Levy Tariffs, in and by the US Constitution, Nor Can It, by Congressional Federal Statutory Law (in which the US Constitution, the Foundational and Supreme Law of the USA, Confers Federal Law Making Authority and Rights Exclusively to the Bicameral US Congress, Whose Laws Are Subordinate Only to and Must Be Compliant with the US Constitution in Order for Them to Be Valid) Repeal or Change Those of the US Presidency or Judiciary, the Other Two Branches of the Federal Government, or Vice Versa Among Them, "Except Potentially, Theoretically, by a Constitutional Amendment Via the Constitutional Amendment Process Prescribed and Articulated in the US Constitution Itself," Article V - Amendment Process | Constitution Center

I am compelled to say that the US president does not have extra-constitutional and above-the-law, above and beyond US Constitutional and US Congressional federal statutory law, authority, and that the US Congress cannot legally delegate or transfer its US Constitutional duties, responsibilities and authorities to the US president and executive branch nor to the judicial branch of the federal government, and vice versa among these, nor to any state or local government entity. This is because the US Constitution, the supreme law, authority and foundational charter of the Constitutional Bill-of-Rights Republic of the USA, from which all governance and employment titles and offices, functions and rights of the US government derive, enumerates, specifies and prescribes the constitutionally definitive institutional jurisdictions, duties, responsibilities and authorities of each of these three branches of the federal government, thus confining them therein in the scope of their powers. Their constitutional powers can only be changed by the amendment process of the US Constitution prescribed in the US Constitution; however, the powers assigned in the Articles of Confederation of the US Constitution might not be subject to change even by the amendment process of the US Constitution.

Of immediate and priority relevance, the US Congress cannot legally transfer, delegate or lend to, or share with, in whole or part, the US president by its legislation and a congressional act of statutory law its US Constitutionally prescribed exclusive powers of imposing taxes, duties, excises and imposts (all being inclusive of and subsuming tariffs, and all being taxes, or types of taxes, https://www.msn.com/en-us/news/politics/trump-s-lawyer-at-the-supreme-court-cites-a-letter-from-james-madison-that-says-tariffs-are-taxes/ar-AA1Q1b2H?ocid=socialshare), Overview of Taxing Clause | Constitution Annotated | Congress.gov | Library of Congress, of declaring and authorizing war and acts of war, Power to Declare War | US House of Representatives: History, Art & Archives, and of making laws, U.S. Senate: Constitution of the United States, without in the least, if legally possible for these constitutionally core institutional powers of the US Congress, an amendment of the US Constitution through the amendment process of the US Constitution prescribed within and by the US Constitution. Nor can any ruling by any court of the USA, including the US Supreme Court, legally and legitimately override or contradict the text, textual law, of the US Constitution.

All three branches of the federal government, as well as all other government entities and all citizens and residents of the USA, are subordinate and subject to all laws of the US Constitution and federal statutory laws of the US Congress that are compliant with the US Constitution. Neither the US president nor the US judiciary can make law, not by presidential executive orders by the US president, which are not laws but are policy and practice directives, that must be compliant with US Constitutional and Congressional statutory law in order for them to be valid, issued by the president to executive branch departments, agencies and personnel for their implementation of them within the presidential executive branch of the federal government, nor by judicial rulings, which must be compliant with and uphold and enforce foremost US Constitutional law, and, subordinate to it, Congressional federal statutory law.

Bottom line: The US Congress, which is and whose laws are subordinate to the US Constitution, cannot make a law that violates or changes the US Constitution and, therefore, it cannot pass a legally valid law that cancels or modifies its own US Constitutional powers, such as to tax and levy tariffs, Overview of Taxing Clause | Constitution Annotated | Congress.gov | Library of Congress, without doing so by the constitutional amendment process prescribed and articulated in and by the US Constitution itself.

Furthermore, fiscal (taxing-and-spending), monetary and commerce authorities of the federal government are US Constitutionally exclusive jurisdictional authorities of the US Congress Overview of Taxing Clause | Constitution Annotated | Congress.gov | Library of Congress. Legislation and law making also are US Constitutionally the exclusive authority of the US Congress but share jurisdiction (lopsidedly in favor of the US Congress) with the US president in the legal enactment process for their enactment into official laws, as they, US Constitutionally, are subject to the veto or signature of approval, for their enactment or not into official law, of the US president, whose veto, nonetheless, US Constitutionally the US Congress can override with two-thirds majority votes for their legislative passage and thereby directly enact them into official federal statutory law, U.S. Senate: Constitution of the United States. As regards the US military, US Constitutionally the US Congress has the exclusive authority to constitute, fund, provision and regulate it and its branches and authorize its acts of war and declare war, whereas US Constitutionally the US president is its and its branches commander in chief by virtue of his incumbency as US president, yet is US Constitutionally still answerable and accountable in that role to the US Congress, in which the US military is differentially their shared jurisdiction, subject to US Congressional oversight, warfare-control, and accountability, Power to Declare War | US House of Representatives: History, Art & Archives.

The concepts of the US president being a unitary executive (called the unitary executive theory) and having plenary powers are not stated directly nor indirectly nor explicitly nor implied in the US Constitution. They absolutely are shyster, legalistic pseudo-intellectual concoctions and hoaxes that mean dictator and dictatorial powers and are politically peddled by those seeking and favoring dictatorial power for themselves or their incumbent politician US president, invariably a Republican or MAGA Republican.

Click-on-to-view References

Overview of Taxing Clause | Constitution Annotated | Congress.gov | Library of Congress

https://www.msn.com/en-us/news/politics/trump-s-lawyer-at-the-supreme-court-cites-a-letter-from-james-madison-that-says-tariffs-are-taxes/ar-AA1Q1b2H?ocid=socialshare

Power to Declare War | US House of Representatives: History, Art & Archives

U.S. Senate: Constitution of the United States

Enumerated powers - Wikipedia -- Enumerated US Constitutional powers of the US Congress

Article V - Amendment Process | Constitution Center -- Amendment process of the US Constitution

https://www.msn.com/en-us/news/politics/trump-s-team-may-have-committed-a-major-supreme-court-blunder-analysis/ar-AA1Q20Ax?ocid=socialshare:

Author’s reply

If the revenues are collected incidentally to or from Trump’s tariff policy on imports (a contradiction in terms in denoting that the deliberate punitive tariff means of the President to execute his policy of punishing the imports, by raising the prices on them and lessening their price and purchase competitiveness in the USA marketplace, are the policy’s side effect, in the form of imposing punishing revenue-collection charges on the foreign imports that are paid to the US Treasury at their entry into the USA by US importers who subsequently pass them on to their customers as price increases, is plainly loophole, subterfuge, sham reasoning to arrogate and usurp unconstitutionally the exclusive constitutional authority and prerogative of the US Congress to do the same thing, or not, as it deems fit on its own or at the request of the US president), then the tariffs must not be imposed and revenue must not be collected from them whatsoever, as doing the affirmative infringes on and violates the US Constitutional authorities of the US Congress to tax, by any type of tax, and raise and collect revenue. In addition, the US Constitution assigns the authorities of the regulation of commerce and trade to the US Congress. In both regards, the concerned authorities are US Constitutionally those of the US Congress. The US president cannot incidentally or by design impose tariffs and collect tariff revenue without authorization of the per-instance tariff recipient or per-instance of a list of tariff recipients -- revocable at will or by a date of expiration set by the US Congress -- by legislative votes of each of the two bodies of the bicameral US Congress sufficient for instituting the tariff/s in either case.

Also check out:

"That's Just Not True": Ted Lieu Corners Kash Patel Over The Epstein Files, Dismantles His Attempts To Protect Trump In House Hearing

Click on the link to view the related short real-life news audio-video:
https://www.msn.com/en-us/news/politics/that-s-just-not-true-ted-lieu-corners-kash-patel-over-the-epstein-files-dismantles-his-attempts-to-protect-trump-in-house-hearing/vi-AA1Ph5h8?ocid=socialshare