Trump’s agenda suffered multiple body blows on Monday. His tough guy act has worn thin, and he is losing control of his party and the events around him. A few highlights:
His retribution campaign against political opponents lost one of its chief lieutenants, Lindsey Halligan, when a court ruled that she was not legally appointed as a US Attorney. As a result, the indictments against James Comey and Letitia James are null and void. Federal judge dismisses indictments against Letitia James and James Comey, saying Lindsey Halligan appointment was unlawful | CNN Politics
Congressional Republicans staged an uprising against Trump, preventing him from releasing a “healthcare cost containment” proposal that was, in effect, an extension of subsidies for the Affordable Care Act. Republicans balk at Trump’s health care proposal before it’s even released | CNN Politics
Ukraine outmaneuvered Trump in his latest attempt to surrender on behalf of Ukraine. See The Economist, Ukraine survives another crisis with Donald Trump.
More on those stories in a moment, all of which suggest the further weakening of Trump’s grip on his party and those around him.
The most shocking story on Monday was the Pentagon’s announcement (by tweet) that it was investigating Senator Mark Kelly for undermining the loyalty, morale, or good order and discipline of the armed forces by summarizing the law regarding the US military’s obligation to refuse illegal orders. See AP, Pentagon says it’s investigating Sen. Mark Kelly.
Recall that six days ago, two Senators (Kelly and Slotkin) and four Representatives (Houlahan, Deluzio, Goodlander, and Crow) released a video that stated a legal truism: Members of the military must refuse to obey unlawful orders. The video is here and is worth watching again.
The statement by Kelly et al. simply restates the law in the Army Field Manual (Art. IV, Sec. 509) that it is not a defense to a court-martial that the soldier was following an order that they could “have reasonably known” was illegal.
Senator Kelly issued the following statement in response to Pete Hegseth’s tweet:
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.
In combat, I had a missile blow up next to my jet and flew through anti-aircraft fire to drop bombs on enemy targets. At NASA, I launched on a rocket, commanded the space shuttle, and 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 has given me so much.
Secretary Hegseth’s tweet is the first I heard of this. I also saw the President’s posts 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 this administration accountable, it won’t work. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
In a fight between Mark Kelly and a dozen of Trump’s court jesters, my money is on Mark Kelly.
The only problem for Mark Kelly and his brave colleagues is that they are out front on their own and exposed. We must all be Mark Kelly. We must give them cover and support by standing by their side!
Every member of Congress who believes in the rule of law must make their own declaration that the military must refuse illegal orders. So, too, with every other elected official, political appointee, and social media influencer.
We must repeat and repost the truism that “The military must refuse illegal orders” until it becomes accepted and natural for people to say, “Of course the military cannot obey illegal orders.”
The day may come when Trump and Hegseth issue an illegal order for the military to occupy US cities. When that illegal order is issued, members of the military must refuse en masse, laying down their arms and remaining in their quarters.
They will refuse illegal orders if they understand that we have their backs and will defend them against bad-faith investigations and courts-martial, just like we must help defend Mark Kelly against the bad-faith investigation announced on Twitter by a disgraced Secretary of Defense who has perverted the mission of the military.
Mark Kelly and his wife have devoted their lives to serving this nation and the Constitution. We must have their backs. Together, there is nothing we cannot do. United, the threats by Trump and Hegseth are seen as the cries of frightened little boys whose fantasy world is crashing around them.
Members of the military must refuse illegal orders. The Uniform Code of Military Justice says so. Tell a friend.
Judge rules that Lindsey Halligan was not acting US Attorney when she obtained indictments of James Comey and Letitia James.
When no career prosecutor in the Eastern District of Virginia would seek an indictment of James Comey, Trump hastily installed a member of the White House staff as the “acting” US Attorney. That appointment was invalid, and everything that Lindsey Halligan did while masquerading as US Attorney is null and void, ab initio.
Accordingly, US District Judge Cameron McGowan Currie ruled that the indictments against James Comey and Letitia James were invalid and were dismissed. See CNN, Federal judge dismisses indictments against Letitia James and James Comey, saying Lindsey Halligan appointment was unlawful.
The opinion dismissing the Comey indictment is here: US v. Comey | Opinion and Order Dismissing Indictment.
As a result, Lindsey Halligan is no longer the acting US attorney in the Eastern District of Virginia. The federal judges in that district will appoint an acting US Attorney, who will serve in that capacity until the Senate confirms a replacement nominated by Trump.
Lindsey Halligan should be referred to the relevant licensing authority for discipline. Her actions before the grand jury were outrageous and violated the due process and self-incrimination rights of James Comey. See The Hill, (11/19/25), Ty Cobb says Bondi, Halligan should be disbarred over Comey case.
The charges against James Comey are now barred by the statute of limitations, so any attempt to obtain a new indictment would result in dismissal on that ground. But Trump and Pam Bondi would first need to find another lawyer in the Eastern District of Virginia willing to seek an indictment, and a grand jury willing to issue one. Both of those predicates are doubtful.
Trump and Pam Bondi will face similar hurdles in re-indicting Letitia James.
It is difficult to overstate what a monumental debacle this development is for Trump and the DOJ, which was humiliated once again by the incompetence and depravity of Trump acolytes who have abandoned the rule of law in favor of loyalty to their boss.
Congressional Republicans staged an uprising against Trump over healthcare proposal.
Trump is desperate to prove that he can achieve “the affordability” necessary to avoid electoral disaster in the 2026 midterms. He had planned to issue a proposal that would reduce healthcare costs. He was prepared to offer what Democrats had been seeking: an extension of ACA health insurance subsidies.
Trump’s proposal started a prairie fire of resistance among Republicans, who are hell bent on denying Americans affordable healthcare. Trump has now delayed his proposal. See Republicans balk at Trump’s health care proposal before it’s even released | CNN Politics
Trump and congressional Republicans are in a bind. They want to offer an alternative to extending the ACA subsidies before January 1, 2026, when the higher ACA insurance premiums will take effect. As a practical matter, they simply don’t have time to offer any solution other than extending the ACA subsidies—the demand that was at the top of the Democratic list for reopening the government.
Trump has been acting as the de facto Speaker of the House—a body that has surrendered to his corrupt will–so he apparently believed he could introduce legislation by fiat and have it passed.
Trump overestimated his control of congressional Republicans. Like a steep alpine mountain covered in snow, once the accumulated load exceeds the angle of repose, there is no stopping the avalanche that has been building force beneath seemingly tranquil slopes. Trump is seeing the first sluffs of snow skitter past the Oval Office as he wonders, “Huh? I wonder what that is?”
It is not clear where Republicans will go from here. But whatever happens, Trump will be blamed either by the American people who pay higher premiums or by angry congressional Republicans who worked their tails off to deny affordable healthcare to the American people.
Ukraine pulls US back from the Russian surrender proposal
Ukraine outmaneuvered Trump in his latest attempt to surrender on behalf of Ukraine. See The Economist, Ukraine survives another crisis with Donald Trump.
As explained in The Economist, the horrific Russian proposal that was passed off as the “US peace plan” resulted from the combined negligence of Steve Witkoff and Boy Wonder Jared Kushner. They thought that asking Russia for what it needed to end its war on Ukraine was a good way to end the war. To add insult to injury, the Russian “peace plan” was delivered by the Army Secretary, who said, “Take it or leave it” by Thanksgiving. And “leaving it” included a cut-off of US aid and intelligence.
Thankfully, the outcry from Europe and congressional Republicans managed to give Ukraine sufficient space to negotiate a new agreement with the US.
Per the Economist,
As talks were set to continue in the coming days—Mr Rubio said it was a “work in progress”—any agreement in Geneva will need to be approved by both Mr Zelensky and Mr Trump, perhaps at a meeting in Washington. But the Thanksgiving deadline for an agreement, and the threat of Ukraine losing access to American intelligence and vital weapons, have been dispelled, at least for now.
The Economist summarizes the debacle as follows:
More seriously, the plan (believed to have been leaked by Russia) has exposed confusion, rivalry and incompetence within the Trump administration. Mr Witkoff, once again, comes off as a patsy. J.D. Vance, once again, emerges as the force seeking to derail relations between America and Ukraine.
It is a tragedy that Ukraine must fight for its existence while battling the incompetence of the Trump administration. We can only hope that Ukraine will hold on with the help of its European allies until we can change Congress and the president in the US.
Opportunity for Reader Engagement
Markers for Democracy, Tuesday, November 25, 2025, 11 am ET
Join Markers For Democracy, Downtown Nasty Women Social Group, and Team Min for a presentation by Nathaniel Stinnett, Executive Director of the Environmental Voter Project. Nathaniel will share his “No Hot Takes” 2025 Election Analysis, including a deep dive into what we can (and can’t) tell from November 4th election data. He’ll also discuss how the Environmental Voter Project is already mobilizing voters for 2026 elections with lots of ways for volunteers to get involved.
RSVP: Conversation with Nathaniel Stinnett of the Environmental Voter Project
Join Simon Rosenberg, Senate Circle, and Robert Hubbell to support the Alaska Democratic Party in hiring an Organizing Director
Please join Simon Rosenberg, Senate Circle, and me (Robert Hubbell) for a fundraiser on Tuesday, December 2, at 2:30 p.m. Pacific / 5:30 p.m. Eastern for the Alaska Democratic Party.
Several weeks ago, I met with the new leadership of the Alaska Democratic Party, Eric Croft, Board Chair, and Jenny-Marie Stryker, Executive Director. They are working to transform the Alaska Democratic Party into the success stories we’ve seen in Wisconsin, Michigan, and North Carolina.
Recognizing the power of the grassroots, their top priority is to hire an organizing director who will coordinate and recruit volunteers. The Alaska Democratic Party is attempting to raise at least $50,000 to hire the best talent available to guide the party to success in 2026, 2028, and beyond!
The Alaska Democratic Party is building statewide grassroots power, protecting and educating voters, and electing Democrats up and down the ballot. In 2026, the party will seek to flip races for US Senator, US Representative, Alaska Governor, and seek to maintain the tripartisan coalitions in the State legislature. Simon Rosenberg writes the Substack column Hopium Chronicles and Senate Circle is an all-volunteer giving circle focused on flipping the Senate through wins in Alaska, Iowa, and Nebraska.
When: December 2 at 5:30 pm Eastern/ 2:30 pm Pacific on Zoom
Where: RSVP for the Zoom or Donate to the Alaska Democratic Party: Help the Alaska Democratic Party Hire an Organizing Director and Harness the Power of the Grassroots
Concluding Thoughts
Each of the six members of Congress who made the “Don’t Give Up the Ship” video is an American hero. These are fraught times. Those who choose to step up and lead the way do so despite a toxic political environment and a president who uses sham investigations to create fear and impose financial hardship.
In saying that “We must all be Mark Kelly,” I mean that we must be like the six members of Congress who exhibited courage in reminding military members of their oath to the Constitution and fealty to the rule of law.
Each of us is called to step outside our comfort zone during these challenging times. We don’t need to take on the US military, as the six members of Congress did. Small acts of resistance are enough, so long as we do something. Tens of millions of people doing something will overwhelm Trump and his enablers.
But for those with a large platform and the courage to take the lead, your country is calling you—now! The momentum has shifted. Now is the time to press our advantage! Be part of a historic moment when the resistance reclaimed the forward movement of American democracy.
Stay strong, everyone
Pro-democracy protest photos
I-89, Lebanon, NH
Reader Cindy K:
Below: My friend hand-painted this 14-foot sign. We take it on the road to different protests or just do our own thing and hang out on a street corner.
It is so gratifying to see the great response! Today, we got 153 honks or thumbs up in about an hour. We got so excited when six semis laid on their horns.
Daily Dose of Perspective
Below, the California Nebula. It is a vast emission nebula located about 1,500 light-years from Earth. The most important aspect of the California Nebula is that I was able to capture a pleasing image of a deep-sky object after my poor effort photographing the Andromeda Galaxy yesterday.
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