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Speaker 1: What was President Trump's reaction to those indictments against Comy

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Speaker 1: and James being thrown out. His reaction was, We've seen

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Speaker 1: this before. We've seen partisan judges take unprecedented steps to

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Speaker 1: try to intervene in accountability before. But we're not going

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Speaker 1: to give up. And I know that the Department of

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Speaker 1: Justice intends to appeal these rulings very soon, if they

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Speaker 1: haven't already.

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Speaker 2: As you're listening to the forty seven Morning Update with

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Speaker 2: Ben Ferguson.

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Speaker 3: Good Tuesday morning.

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Speaker 4: Nice to have you with us on the forty seven

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Speaker 4: Morning Update, and we've got two major stories for you

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Speaker 4: this morning coming out of the White House. First up,

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Speaker 4: the Department of War is investigating Senater Mark Kelly for

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Speaker 4: seditious video urging the military to disobey Donald Trump. How

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Speaker 4: significant is this and what could the consequences be? Well,

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Speaker 4: we'll explain it for you in just a moment. Also,

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Speaker 4: you may have seen a report a big celebration today

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Speaker 4: that James call me and his case are being dismissed. Well,

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Speaker 4: the Clinton appointed judge that dismissed the Comby indictment. It's

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Speaker 4: predictable and there will be an appeal. So what actually

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Speaker 4: happens next and is coming off the hook. I'll explain

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Speaker 4: that as well. It's the forty seven Morning Update, and

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Speaker 4: it starts right now. Story number one, The Department of

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Speaker 4: War is investigating Senator Mark Kelly for seditious video urging

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Speaker 4: military to disobey the President of the United States of America,

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Speaker 4: Donald Trump.

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Speaker 3: That's right. The Department of War.

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Speaker 4: Launching this investigation that may lead to court martial proceedings

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Speaker 4: after what was described as a serious allegation and misconduct

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Speaker 4: were made against him. Kelly, a retired US Navy captain,

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Speaker 4: has been facing accusations of sedition from President Donald Trump

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Speaker 4: after participating in a video with other Democrats last week

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Speaker 4: calling on military service members and intelligence officials to quote

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Speaker 4: refuse illegal orders from the administration. In a statement posted

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Speaker 4: on social media, the Department of War announced that it

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Speaker 4: was aware of the severe accusations and has initiated a

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Speaker 4: thorough review to determine whether further actions are needed, which

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Speaker 4: may include recall to active duty for court martial proceedings

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Speaker 4: or administrative measures quote unquote. This matter, they went on

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Speaker 4: to say, will be handled in compliance with military law,

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Speaker 4: ensuring due process and impartiality. The Department stated further official

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Speaker 4: comments will be limited to preserve the integrity of the

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Speaker 4: proceedings now. The Department of War also added a reminder

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Speaker 4: to all military retirees that they remained subject to the

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Speaker 4: Uniform Code of Military Justice known as the UCMJ for

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Speaker 4: applicable offenses, as well as the federal laws that prohibit

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Speaker 4: actions to interfere with, impair or influence the loyalty now

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Speaker 4: or good order and discipline of the armed forces. All

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Speaker 4: service members, they went on to say, are reminded that

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Speaker 4: they have a legal obligation under the UCMJ to obey

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Speaker 4: lawful orders, and that orders are presumed to be lawful.

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Speaker 4: The Department states a service member's personal philosophy does not

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Speaker 4: justify or excuse the disobedience of an otherwise lawful order now.

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Speaker 4: The controversial video also featured statements from Senator Elise Slogan,

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Speaker 4: a Democrat from Michigan, and Representative Chris Deluzio, Democrat Pennsylvania,

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Speaker 4: Chrissy Hallahan, Democrat Pennsylvania, Maggie Goodlander, Democrat from New Hampshire,

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Speaker 4: and Jason Crowe, a Democrat from Colorado. While the Democratic

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Speaker 4: lawmakers did not give any examples of orders from the

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Speaker 4: Trump administration that are quote unquote illegal. They claim that

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Speaker 4: the threats comeing to our constitution aren't just coming from abroad,

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Speaker 4: but from right here at home. Here is more of

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Speaker 4: that video. If you missed exactly what they said, take

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Speaker 4: a listen carefully to the words they use.

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Speaker 1: I'm Senator Alissa Sockins, Senator Mark Kelly, Representative Chris Stluzios.

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Speaker 2: Congressman Maggie Goodland.

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Speaker 3: You're Representative Chrissy Hulahan, Congressman Jason Crowe. I was a

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Speaker 3: captain in the United States Navy, former CIA officer, former Navy,

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Speaker 3: former paratrooper and Army ranger, former intelligence officer, former Air Force.

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Speaker 2: We want to speak directly to members of the military.

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Speaker 4: And the intelligence community who take risks each day to

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Speaker 4: keep Americans safe.

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Speaker 1: We know you are under enormous stress and pressure right now.

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Speaker 3: Americans trust their military, with that trust is at risk.

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Speaker 3: This administration is pitting our uniform military.

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Speaker 1: And intelligence community professionals.

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Speaker 3: Against American citizens like us. You all swore an oath.

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Speaker 2: To protect and defend this constitution.

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Speaker 4: Right now, the threats to our constitution aren't just coming

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Speaker 4: from abroad, but from right here at home.

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Speaker 3: Our laws are clear you can refuse illegal orders.

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Speaker 2: You can refuse illegal orders.

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Speaker 3: You must refuse illegal orders.

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Speaker 1: No one has to carry out orders that violate the

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Speaker 1: law or our constitution.

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Speaker 2: We know this is hard and that it's a difficult

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Speaker 2: time to be a public servant.

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Speaker 3: But whether you're serving in the CIA, the Army, or Navy,

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Speaker 3: the Air Force, your vigilance is critical. And know that

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Speaker 3: we have your back, because now more than.

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Speaker 2: Ever, the American people need you.

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Speaker 3: We need you to stand up for our laws, our constitution,

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Speaker 3: and who we are as Americans. Don't give up. Don't

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Speaker 3: give up.

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Speaker 1: Don't give up.

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Speaker 2: Don't give up the ship.

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Speaker 3: Don't give up the ship.

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Speaker 4: As Senator Elisa Slow can put it, we want to

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Speaker 4: speak directly to members of the military and the intelligence community.

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Speaker 4: The American people need you to stand up for our

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Speaker 4: laws and our constitution. Don't give up the ship, she

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Speaker 4: wrote online. Now, while the Democratic lawmakers again didn't give

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Speaker 4: any examples of orders from the Trump administration that are illegal,

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Speaker 4: they claim that the vettes coming to our constitution aren't

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Speaker 4: just coming from abroad, but from right here at home.

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Speaker 4: Donald Trump responded to the video on True Social writing

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Speaker 4: the traders that told the military to disobey my orders.

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Speaker 4: Should be in jail right now, not roaming the fake

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Speaker 4: news networks trying to explain that what they said was okay.

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Speaker 4: It wasn't it never will be. It was sedition at

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Speaker 4: the highest level, and sedition is a major crime. There

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Speaker 4: can be no other interpretation of what they said. War

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Speaker 4: Secretary P'te. Had Seth made his own statement following his departments,

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Speaker 4: calling the lawmakers the seditious six, while arguing that the

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Speaker 4: video was despicable, reckless, and also false, saying this encouraging

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Speaker 4: our warriors to ignore the orders of their commanders undermines

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Speaker 4: every aspect of good order and discipline. Their fullish screed

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Speaker 4: show's doubt and confusion, which only puts our warriors in danger.

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Speaker 4: He went on to playing that Kelly is the only

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Speaker 4: one in the video who falls under the us m

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Speaker 4: J jurisdiction as slogan is former CIA, and the other

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Speaker 4: four are former military but not retired. As we announced,

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Speaker 4: the Department is reviewing Kelly's statements and actions, which were

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Speaker 4: addressed directly to all troops while explicitly using his rank

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Speaker 4: and service affiliation, lending the appearance of authority to his words,

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Speaker 4: had Says stated Kelly's conduct brings discredit upon the armed

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Speaker 4: forces and will be addressed appropriately. Kelly responded to the

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Speaker 4: Department of Wars announcement in a statement this evening, saying, quote,

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Speaker 4: when I was twenty two years old, I commissioned as

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Speaker 4: an in sign in the United States Navy and swore

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Speaker 4: an oath to the Constitution. I upheld that oath through

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Speaker 4: flight school, multiple deployments on the USS Midway, thirty nine

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Speaker 4: combat missions in Operation Desert Storm, test pilot school, forced

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Speaker 4: the base Shuttle flights at NASA, and every day since

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Speaker 4: I retired, which I did after my wife, Gabby was

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Speaker 4: shot in the head while serving her constituents. He said,

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Speaker 4: in combat, I had to miss a well up next

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Speaker 4: to my jet and flew through anti aircraft fire to

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Speaker 4: drop bombs on enemy targets and NASA. I launched on

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Speaker 4: a rocket command the Space Shuttle and was part of

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Speaker 4: the recovery mission that brought home the bodies of my

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Speaker 4: astronaut classmates who died on Columbia. I did all of

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Speaker 4: this in service to this country that I love and

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Speaker 4: have given me so much. Secretary Head says, tweet is

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Speaker 4: the first I heard of this. I also saw the

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Speaker 4: President's post saying I should be arrested, hanged, and put

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Speaker 4: to death. If this is meant to intimidate me and

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Speaker 4: other members of Congress from doing our jobs and holding

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Speaker 4: the administration accountable, it won't work. I've given too much

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Speaker 4: this country to be silenced by bullies who care more

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Speaker 4: about their own power than protecting the Constitution. And if

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Speaker 4: you think Democrats aren't organizing to stand behind Kelly and others,

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Speaker 4: look no further than Senator Reuben Diego, Democrat from Arizona.

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Speaker 4: He leaped to his fellow Arizona senator's defense, writing plainly,

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Speaker 4: f you and your investigation. Yes, he used the entire

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Speaker 4: word that is your senator from Arizona. So here we

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Speaker 4: are the President United States of America saying the rules

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Speaker 4: will be followed. And you can say all you want

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Speaker 4: to in a tweet that you weren't trying to overthrow

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Speaker 4: the will of the people or undermine the military. But

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Speaker 4: there are rules, and the Department of War is now

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Speaker 4: investigating Senator Mark Kelly no matter what he says online.

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Speaker 4: Now story number two, there's an important update for you,

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Speaker 4: and it deals with the Clinton appointed judge who has

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Speaker 4: dismissed the US Justice Department's indictment a former FBI Director

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Speaker 4: James Comy on Monday, ruling that the interim US attorney

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Speaker 4: appointment to the Eastern District of Virginia violated federal code.

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Speaker 3: The Trump administration, however, is set to appeal that ruling,

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Speaker 3: and that is a very important point moving forward. The

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Speaker 3: US Thank You Judge Cameron McGowan. Curry dismissed the case

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Speaker 3: against Comy, which accused him of making a false statement

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Speaker 3: and obstructing Congress in a twenty nine page ruling. Mister

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Speaker 3: Coney now moves to dismiss the indictment on the grounds

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Speaker 3: that Miss Halligan, the sole prosecutor who presented the case

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Speaker 3: the grand jury, was unlawfully appointed in violation of twenty

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Speaker 3: eight USC. Five four six and the Constitution's Appointments Clause,

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Speaker 3: as explained below. I agree with mister Comy that the

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Speaker 3: Attorney General's attempt to install Miss Halligan and interim USE

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Speaker 3: Attorney for the Eastern District of Virginia was invalid, and

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Speaker 3: because Miss Halligan had no lawful authority to present the indictment,

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Speaker 3: I will grant mister Comey's motion and dismiss the indictment

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Speaker 3: without prejudice now. Former Justice Department Chief of Staff Chad

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Speaker 3: Mizzelli said the ruling was incorrect for many reasons, including

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Speaker 3: that dismissal of these indictments is the wrong rim. Both

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Speaker 3: indictments were ratified by senior DOJ leadership, including the Attorney General.

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Speaker 3: He added, this may delay justice, but it won't stop it.

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Speaker 3: An appeal is coming. Comy and James are not off

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Speaker 3: the hook. Curry cided with Kome's defense attorneys, who argued,

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Speaker 3: per the ruling that the code quote limits the total

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Speaker 3: tenure of the Attorney General's interim appointment to one hundred

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Speaker 3: and twenty days and therefore precludes an additional appointment by

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Speaker 3: the Attorney General after the expiration of that one hundred

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Speaker 3: and twenty day period. So, in translation, what is this

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Speaker 3: really about an activist judge, another activist judge getting involved?

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Speaker 3: Will this change the case? The answer is no.

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Speaker 4: Does this mean that James Comy is off the hook

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Speaker 4: and sleeping better tonight?

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Speaker 3: Probably not.

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Speaker 4: It's a delay, but it does not mean that this

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Speaker 4: is some grand victory for James Komy and justice. Now, ultimately,

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Speaker 4: that's exactly what we should all be advocating for. We

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Speaker 4: should be advocating for justice to be served. I never

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Speaker 4: want anyone to be persecuted because of their political leanings.

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Speaker 3: I do want there to be justice.

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Speaker 4: If you lie to Congress, and that's exactly what it

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Speaker 4: appears like James Comey actually did.

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Speaker 1: So.

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Speaker 4: If you see the headlines that say that you should

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Speaker 4: be celebrating or that the case is all over, just

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Speaker 4: know that's the mainstream media lying to you yet again,

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Speaker 4: not telling you all the facts that you just got

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Speaker 4: right here today.

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Speaker 2: Thank you for listening to the forty seven Morning Update

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Speaker 2: with Ben Ferguson. Please make sure you hit subscribe wherever

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Speaker 2: you're listening to this podcast right now and for more

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Speaker 2: in depth news, also subscribe to the Ben Ferguson podcast

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Speaker 2: and we will see you back here tomorrow