Poll: Should retired Gen Mike Flynn face a court martial for the act of sedition?

[HumblePie]

No, the courts of appeals said it had jurisdiction for all retirees. I have quoted this to you repeatedly. There is no ambiguity.

Can the Pentagon prosecute military retirees under the UCMJ? Maybe — it depends.

Military veterans involved in the mob attack on Capitol Hill have raised new questions about the reach of the military justice system.

www.militarytimes.com

The court of appeals decision you quoted, as well I did, were again for retired MARINES being charged and were in the IRR status. They never adjudicated on those outside that status.

 

[rommelrommel]

Sorry guys, Flynn already cleared this up. He didn't say it. Nothing to see here.

 

[fskimospy]

Can the Pentagon prosecute military retirees under the UCMJ? Maybe — it depends.

Military veterans involved in the mob attack on Capitol Hill have raised new questions about the reach of the military justice system.

www.militarytimes.com

The court of appeals decision you quoted, as well I did, were again for retired MARINES being charged and were in the IRR status. They never adjudicated on those outside that status.

The relevant quote by the court of appeals did not include any qualifications for jurisdiction, instead saying that the defendant was subject to the UCMJ purely by virtue of being a retiree. It’s a short and unambiguous statement.

And once again LOL FROM YOUR OWN LINK:

Had he retired from active duty, however, the Air Force could pursue charges against him.

Ahahahaha you owned yourself again.

 

[HumblePie]

The relevant quote by the court of appeals did not include any qualifications for jurisdiction, instead saying that the defendant was subject to the UCMJ purely by virtue of being a retiree. It’s a short and unambiguous statement.

And you don't understand that USMCJ doesn't quite trump civilian law either. They stated they had jurisdiction in THOSE cases, not all cases. The answer is case specific for the fact pattern. Until a case that breaks that fact pattern is adjudicated, doesn't mean it applies universally. Per the article I linked above.

“I still think it’s an open question,” he said.

One of the arguments prosecutors have made is specific to the Navy and Marine Corps. That’s because in those branches if a person retires after 20 years but before 30 years of service they go onto the Navy-Marine Corps Fleet Reserve.

 

[HumblePie]

One last thing...

https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/134410p.pdf

Political statements are only subject to UMCJ for active duty members. Political statements made outside active duty do not count as an offense. So even if Flynn was a retired Marine instead of Army person, it wouldn't matter. Again this thread goes no where.

 

[fskimospy]

And you don't understand that USMCJ doesn't quite trump civilian law either. They stated they had jurisdiction in THOSE cases, not all cases. The answer is case specific for the fact pattern. Until a case that breaks that fact pattern is adjudicated, doesn't mean it applies universally. Per the article I linked above.

Sorry, the court of appeals disagrees with you. They put no qualifications other than being a retiree.

All that aside you said you had military experience. What branch and when?

 

[rommelrommel]

One last thing...

https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/134410p.pdf

Political statements are only subject to UMCJ for active duty members. Political statements made outside active duty do not count as an offense. So even if Flynn was a retired Marine instead of Army person, it wouldn't matter. Again this thread goes no where.

Advocating a coup is a "political statement"?

 

[HumblePie]

Sorry, the court of appeals disagrees with you. They put no qualifications other than being a retiree.

All that aside you said you had military experience. What branch and when?

Again, the court of appeals doesn't disagree with me no matter how much you state it. They specifically said they have jurisdiction over retirees in those cases. I already quoted the actual statement made by the appeals case for the previous cases and bolded them. I'll do it again.

the appellant was “on the active duty retired list or on the Fleet Marine Corps Reserve List.”

That is what the appeals court adjudicated on.

 

[HumblePie]

Advocating a coup is a "political statement"?

Yes. Acting upon such a statement is far different.

 

[Jhhnn]

Ahh, yes. Troll out the legalistic minutiae of the supposed rules to divert from the actual topic. How predictable. Flynn's words are incitement to insurrection, plain & simple. Overthrow Democracy. Somebody needs to break his fucking balls off, and if that's the Army, fine by me. He's an enemy of the Constitution.

 

[fskimospy]

Again, the court of appeals doesn't disagree with me no matter how much you state it. They specifically said they have jurisdiction over retirees in those cases. I already quoted the actual statement made by the appeals case for the previous cases and bolded them. I'll do it again.

That is what the appeals court adjudicated on.

False. His presence on the reserve list had nothing to do with their determination that retirees are subject to the UCMJ. I have quoted this to you repeatedly - there is no ambiguity.

What branch did you serve in and when?

 

[fskimospy]

One last thing...

https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/134410p.pdf

Political statements are only subject to UMCJ for active duty members. Political statements made outside active duty do not count as an offense. So even if Flynn was a retired Marine instead of Army person, it wouldn't matter. Again this thread goes no where.

No one has advocated for him to be punished by making a prohibited political statement so this is irrelevant.

 

[TheVrolok]

I have absolutely nothing to offer at this point aside from saying that I really, really enjoy a good HP thrashing and this one is just brutal. Yikes. Also kinda odd he keeps ignoring the questions about his service.. He wouldn't pretend to have served, would he?

 

[HumblePie]

No one has advocated for him to be punished by making a prohibited political statement so this is irrelevant.

That is exactly what this whole thread is about. Having him court martialed for political statements. Saying what happened in Myanmar should happen here is a political statement.

 

[fskimospy]

That is exactly what this whole thread is about. Having him court martialed for political statements. Saying what happened in Myanmar should happen here is a political statement.

It is not. The prohibition against political statements is entirely separate from other articles of the UCMJ he may have violated.

What branch did you serve in, and when?

 

[fskimospy]

I have absolutely nothing to offer at this point aside from saying that I really, really enjoy a good HP thrashing and this one is just brutal. Yikes. Also kinda odd he keeps ignoring the questions about his service.. He wouldn't pretend to have served, would he?

I’m very interested to hear about his military service as well but after claiming it he’s clammed up. It’s truly a mystery as to why.

 

[nickqt]

I have absolutely nothing to offer at this point aside from saying that I really, really enjoy a good HP thrashing and this one is just brutal. Yikes. Also kinda odd he keeps ignoring the questions about his service.. He wouldn't pretend to have served, would he?

It's not like the white supremacist has pretended to be an attorney in the past or anything.

 

[Jhhnn]

That is exactly what this whole thread is about. Having him court martialed for political statements. Saying what happened in Myanmar should happen here is a political statement.

It's a betrayal of his lifetime oath to support the Constitution against all enemies. He's a traitor & an adherent to the preposterous big lie of the stolen election.

 

[MrSquished]

Court martial and in the brig. That's where this should go

 

[interchange]

That is exactly what this whole thread is about. Having him court martialed for political statements. Saying what happened in Myanmar should happen here is a political statement.

In what article of the constitution is military coup? Forgive me. I'm having trouble finding it.

 

[JD50]

Did this dude lie AGAIN about his profession?

 

[brycejones]

Did this dude lie AGAIN about his profession?

He was sent to military school by his parents………

Which is just like serving active duty in the regular military.

 

[Lanyap]

Traitor piece of shit. Didn’t Trump’s DOJ bring back firing squads?

 

[zinfamous]

Firing Squad, as Trump requested.

 

[purbeast0]

LOL @ this thread.

It's a god damn clinic in here.