Posted on Feb 22, 2019
Supreme Court: Retirees Can Be Court-Martialed for Crimes Committed After Service
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Edited 6 y ago
Posted 6 y ago
Responses: 6
As with a large quantity of laws on the books they will be enforced by the cherry picking system. Bringing a retired troop back on orders costs money and time. For a Retiree to be recalled it will have to be for a very good reason (Serious Crime discovered) or a vendetta.
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Interesting part:
He cited one provision in the UCMJ that makes "contemptuous words" used by a commissioned officer "against the president, the vice president, Congress" and others as punishable by court-martial.
"From Adm. Bill McRaven to Gen. Michael Hayden and Gen. Martin Dempsey, some of President Donald Trump's more visible critics of late have been retired military officers. And a provision of federal law ... makes it a crime, triable by court-martial," he wrote in a blog post on Lawfare. "But does the Constitution really allow the government to subject to military trial those who have retired from active duty -- in some cases, long ago -- even for offenses committed while they are retired?"
He cited one provision in the UCMJ that makes "contemptuous words" used by a commissioned officer "against the president, the vice president, Congress" and others as punishable by court-martial.
"From Adm. Bill McRaven to Gen. Michael Hayden and Gen. Martin Dempsey, some of President Donald Trump's more visible critics of late have been retired military officers. And a provision of federal law ... makes it a crime, triable by court-martial," he wrote in a blog post on Lawfare. "But does the Constitution really allow the government to subject to military trial those who have retired from active duty -- in some cases, long ago -- even for offenses committed while they are retired?"
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Here is a better question. Does a civilian who is not in the civilian section of the of the chain of command have any right to charge a Soldier, EVER, within the UCMJ?
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Featured snippet from the web
Any person subject to the UCMJ may prefer charges against an accused, however, the charge sheet must be signed under oath before a commissioned officer.
Understanding the Courts-Martial Process - Military Criminal Lawyer ...
https://www.militarycriminallawyers.com/understanding-courts-martial-process/
Search Results
Featured snippet from the web
Any person subject to the UCMJ may prefer charges against an accused, however, the charge sheet must be signed under oath before a commissioned officer.
Understanding the Courts-Martial Process - Military Criminal Lawyer ...
https://www.militarycriminallawyers.com/understanding-courts-martial-process/
Understanding the Courts-Martial Process - Military Criminal Lawyer
The Uniform Code of Military Justice or UCMJ is the code of military criminal law and procedure. It is applicable to all branches of service and U.S. Military Members worldwide. The various criminal offenses proscribed by the UCMJ, known as the Punitive Articles, are contained in Part IV of the UCMJ. The Punitive Articles also...
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