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Re: SCOTUS - military retirees can be court martialed

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Remember the distinction the UCMJ makes between Active Duty and Reservist Retirees. Reserve Retirees are only subject to the UCMJ if they are in a military hospital. The recent SCOTOS cert case with an active duty Marine retiree is confusing since he was in the regular component and transferred into the "Fleet Marine Corps Reserve" after serving 20 years on active duty. This is not the reserve component and many commentators are confusing this with UCMJ jurisdiction over Reservist retirees which was not at issue. That is all. 

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Message 2 of 14

Whatever...

 

Yawn...

44>dolt45
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Re: SCOTUS - military retirees can be court martialed

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@alferdpacker wrote:

 


The UCMJ does not agree with what you cite.


Can you cite the article that would apply?  I think not since after receiving a honorable discharge he was no longer subject to the UCMJ. 

 

Additionally it is up to the individual's commanders up to those exercising General Courts-Martial authority to prosecute a person going AWOL.  Apparently his commanders took no action so the argument for punishment is nonsensical.  

 

What is the basis of your information about Bush?  How many AWOL cases have you assisted in preparing?  Are you aware that AWOLs are not always punished by courts-martial, but mostly by Article 15 company (unit) level non-judicial punishment?

 

The following article should be interesting:  https://www.militarydefense.com/UCMJ-Administrative/Can-You-Be-Subject-to-the-UCMJ-After-Discharge.s...

 

This has nothing to do with the topic of military retirees can be tried in military courts.


 

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Message 4 of 14

 


@TxGrandpa2 wrote:

@alferdpacker wrote:

 

Did you know that there is no "statute of limitations" that applies to prosecuting Dubya for his multi-year AWOL?


To the contrary.  "On October 1, 1973, Bush was honorably discharged from the Texas Air National Guard and transferred to the Air Force Reserve's inactive reserves in Denver, Colorado.[8] He was discharged from the Air Force Reserve on November 21, 1974, ending his military service. "

 

https://en.wikipedia.org/wiki/George_W._Bush_military_service_controversy

 

The UCMJ does not agree with what you cite.

Daddy Bush dishonestly "pulled strings" and "called in favors owed" to keep his son from being possibly able to be charged with desertion.

As  you well know - if an officer goes AWOL and does not return to his post with the intent of requesting discharge - he is in danger of being Court-Martialed for desertion.

Sorry - I don't believe that the content of your post contains solely the truth, the whole truth, and nothing but the truth.

 

 


 

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Re: SCOTUS - military retirees can be court martialed

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@alferdpacker wrote:

 

Did you know that there is no "statute of limitations" that applies to prosecuting Dubya for his multi-year AWOL?


To the contrary.  "On October 1, 1973, Bush was honorably discharged from the Texas Air National Guard and transferred to the Air Force Reserve's inactive reserves in Denver, Colorado.[8] He was discharged from the Air Force Reserve on November 21, 1974, ending his military service. "

 

https://en.wikipedia.org/wiki/George_W._Bush_military_service_controversy

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@DanaA794585 wrote:

2/24/19  i thought flynn was getting a "get out of jail card"  or was it

one of the others?


We will have to wait and see...

 

Do Flynn's actions have a statute of limitations?

 

Did you know that there is no "statute of limitations" that applies to military prosecution/Court Martial for Dubya for his multi-year AWOL?

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2/24/19  i thought flynn was getting a "get out of jail card"  or was it

one of the others?

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@BigLib wrote:

When does Flynn's court martial begin?

 

 


Don't hold your breath. The crimes he committed (so far) did not involve the military, so he'll only be tried in a civilian court. HOWEVER... there used ta be something in there about "conduct unbecoming" so I guess it's possible a Court Martial could reduce him in rank and reduce his retired pay accordingly???

 

That may sound petty, but face it, being disgraced in service to the GOP is a Golden Ticket to an anchor slot on FOX and consulting work for lots of Corporate Oligarchs. So unlike the only ones convicted for crimes at Abu Ghraib who lost everything, Flynn will make at least as much as LTC Oliver North did from the Far Right.

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When does Flynn's court martial begin?

 

 

http://www.politifact.com/personalities/donald-trump/statements/byruling/false/ (11 pages of lies and growing)
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@ManicProgressive wrote:

Unbelievable. I could possibly see doing it for a horrific offense like rape. I’d like to see those types of convictions result in the loss of a military pension. But exercising your first amendment rights after retirement? Come on.


Our constitutional rights still exist as long as we are speaking as individuals, depending on the circumstances, not as a member of the retired military community.  If you would note the individuals in the article was courts-martialed for criminal reasons while under military jurisdiction as employees in Okinawa.

 

 

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