Senator Mark Kelly Censure & 92-Year-Old Judge in Maduro Case | Bloomberg Law

Censure of Senator Mark Kelly

• 🇺🇸 Senator Mark Kelly and five other Democrats released a video reminding US troops they can disobey illegal orders, sparking anger from President Trump.
• ⚖️ Defense Secretary Pete Hegsath issued a formal letter of censure against Kelly, a retired Navy captain, with plans to cut his military rank and pension.
• 🗣️ Kelly stated the action is an attempt to intimidate retired military members into silence, warning, "keep your mouth shut or they're coming after you."
• 🧐 Professor Joshua Kastenberg asserts that Kelly's statements in the video were legally correct, as military personnel have a duty not to follow unlawful orders.
• 🏛️ Kastenberg argues the censure is an unusual and unprecedented step, potentially a move towards tyranny, and questions the Secretary of Defense's authority over a sitting US senator.
• 📜 The UCMJ's jurisdiction over retirees is rare, typically for actions during active duty, making the action against Kelly highly unusual.
• 🚫 The initial threat of a court-martial was likely abandoned due to anticipated unconstitutionality, leading to the administrative route of a censure letter.
• 📉 An officer grade reduction is a potential next step, but Kastenberg notes this is usually based on issues arising during active duty and Kelly could fight it legally.
• 🔒 The Speech and Debate Clause may offer some protection, but its extension to Kelly's actions is considered a weaker argument.

Judge Alvin Hellerstein and the Maduro Prosecution

• 👨‍⚖️ Manhattan Federal Judge Alvin Hellerstein, 92, is overseeing the prosecution of Nicolás Maduro.
• 🎤 In Maduro's first court appearance, Hellerstein cut him off, focusing solely on confirming his identity, demonstrating his control over the courtroom.
• 🌟 Judge Hellerstein, a Clinton appointee with three decades on the bench, is known for his sharp legal mind, independent streak, and willingness to take unpopular stances.
• 🚫 He previously ruled against the Trump administration's efforts to deport Venezuelan gang members, issuing an injunction based on due process concerns.
• 🏛️ Hellerstein has also ruled against Trump personally, twice determining that the hush money case belongs in state court, not federal court.
• 🤝 Despite ruling against Trump, the President has expressed respect for Judge Hellerstein, calling him "very respected."
• 🗓️ Hellerstein took the Maduro case due to his prior involvement with a co-defendant and has shown no indication of stepping down, despite his senior status.
• 🧐 Lawyers describe Hellerstein as sharp and alert, with a potential for