Despite Judge’s Ruling Throwing Out Comey and James Indictments, Censorship Agenda Continues with Kelly Investigation
Two major developments occurred today in the President’s weaponization agenda. First, U.S. District Judge Cameron Currie dismissed the indictments against former FBI Director James Comey and New York Attorney General Letitia James after finding that Trump’s handpicked prosecutor, Lindsey Halligan, was unlawfully appointed. At the same time, the Department of Defense announced an investigation of Senator Mark Kelly for his participation in a video where he (and other Members of Congress who served in the armed forces) urged active duty military to uphold their oath to the law and the Constitution.
Despite the extremely rare dismissal of the indictments against Comey and James, the investigation against Kelly underscores that the weaponization agenda is a whole-of-government effort to silence and punish the President’s political opponents.
AAGC Spokesperson Caitlin Legacki issued the following statement:
“The cases against James Comey and Letitia James were politically motivated from the start and when you look at the announced investigation into Senator Kelly, a government-wide effort to silence and punish the President’s opponents becomes even clearer. Today’s ruling is a rare setback for Trump’s weaponization agenda, but the investigation into Senator Kelly shows the breadth of attacks on Trump’s political opponents, and the Administration’s willingness to use the full force of the federal government against them. The President and his loyalists have shown they will stop at nothing – even violating constitutional rights and threatening to recall a sitting Senator to active duty – to weaponize the government against anyone they deem a threat.”
BACKGROUND
On Monday, the Department of Defense announced it was investigating Kelly for his role in a video where he and other elected officials reminded active duty military that they swore an oath to the Constitution of the United States, and they are obligated not to carry out any illegal military orders. The Department of Defense is threatening to recall Kelly to active duty so they may court marshall him for his statements opposing Trump.
The Pentagon’s statement cites a rarely invoked statute allowing retired service members to be recalled to active duty for possible court-martial. Threatening to use that authority against a sitting United States Senator is unprecedented in modern American history. For decades, the Department of Defense has worked to remain above partisan politics. Under Trump, that norm and many others have been shattered.
Last week, Senator Kelly, along with other Democratic lawmakers, had called on the military to “refuse illegal orders” and “stand up for our laws.” The perfectly legal statement received an outsized response from the President, who called the lawmakers “traitors” whose statement should be “punishable by DEATH.”
In a hearing on former FBI Director James Comey’s indictment last week, the judge found Interim U.S. Attorney Halligan to have been “unlawfully serving in that role since September 22, 2025.” The ruling not only dismisses Comey’s indictment but also “all actions flowing from Ms. Halligan’s defective appointment.” The order impacts all indictments secured by Halligan, since September 22, including the investigation into New York Attorney General Letitia James.
Last week, in a hearing in Comey’s case, Department of Justice officials admitted they were directed to hide the existence of a memo–written by nonpartisan career officials–recommending against bringing the indictment. In a shocking exchange between the Judge and prosecutors, it was revealed that U.S. Attorney Lindsay Halligan never presented the final text of the indictment to the full grand jury—behavior that could have resulted in Comey’s indictment being dismissed and potential disciplinary action against Halligan.
Read the order against Lindsay Halligan here.
