{"id":85190,"date":"2019-02-23T08:56:36","date_gmt":"2019-02-23T12:56:36","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=85190"},"modified":"2022-01-13T20:32:27","modified_gmt":"2022-01-14T01:32:27","slug":"retirees-can-be-court-martialed-for-crimes-committed-after-service","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=85190","title":{"rendered":"Retirees Can Be Court-Martialed for Crimes Committed After Service\u00a0"},"content":{"rendered":"

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The U.S. Supreme Court has upheld the Defense Department’s authority to prosecute retired service members for crimes they commit, even after retirement.<\/p>\n

The court on Tuesday chose not to hear the case of a retired Marine who was court-martialed for a sexual assault he committed three months after leaving the service in August 2015. By not accepting the case, Larrabee v. the United States, the court upheld the status quo: that military retirees are subject to the Uniform Code of Military Justice.<\/p><\/blockquote>\n

I can think of a few people we have exposed over the years that should face charges under the UCMJ.\u00a0 The ruling does have some odd implications that I found interesting.<\/p>\n

The law stipulates that “retired members of a regular component of the\u00a0armed forces\u00a0who are entitled to\u00a0pay” and “members of the Fleet Marine Corps Reserve” are subject to court-martial jurisdiction.<\/p>\n

The reasoning, the government argues, is that retirement is simply a change of military status and retired personnel are subject to recall should the need arise.<\/p><\/blockquote>\n

 <\/p>\n

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.<\/p>\n

“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\u00a0in a blog post on Lawfare<\/a>. “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\u00a0while<\/em>they are retired?”<\/p>\n

Yes, it does, according to the Supreme Court, in its denial of Larrabee’s and Dinger’s writs of certiorari.<\/p>\n

Retired Maj. Gen. Charles Dunlap, former deputy judge advocate general of the\u00a0Air Force, concurs.<\/p>\n

In a\u00a0Feb. 16 post on Duke University School of Law’s Lawfire blog,<\/a>\u00a0Dunlap said Congress explicitly states that the UCMJ applies to retirees and that Vladeck’s arguments about the impropriety of senior officers speaking out against the president, as well as the “anachronistic” idea that retirees can be recalled to active duty, aren’t valid.<\/p>\n

He added that the very act of receiving retired pay means that retired personnel are choosing to keep a relationship with the military and accept all that goes with the choice not to terminate their commission or request a discharge.<\/p>\n

“As a retired service member subject to military jurisdiction, count me among those of my comrades-in-arms who believe it a small price to pay to maintain the connection with the armed forces,” Dunlap wrote.<\/p><\/blockquote>\n

My understanding is that even Class III retirees could,\u00a0in theory, be recalled to active duty and therefore are still subject to the UCMJ.\u00a0 This would be useful in prosecuting cases of embellished service and awards by those who are retired.\u00a0 I find it odd that it could be used to muzzle the voice of dissent from retired officers.\u00a0 Regardless of who is POTUS,\u00a0 officers should and I submit are obligated to voice dissent.\u00a0 I remember a certain General calling our\u00a0previous President a pussy.\u00a0 I agreed and still do.\u00a0 \u00a0Should he be subject to a court-martial?<\/p>\n

Silencing the voice of dissent by using the UCMJ is not acceptable.\u00a0 I remember when goose-stepping goons were witch-hunting any Marines that were involved\u00a0with certain Facebook groups that had pictures\u00a0of women posted on it.\u00a0 \u00a0There were not many of us that stood up and told them to GFTS.\u00a0 I did, still do, always will.\u00a0 I do not agree with the views of many fellow\u00a0veterans but I will fight for their right to express them.<\/p>\n

We will start to hear people say\u00a0 “I was not going to risk my retirement” when we ask why they didn’t speak up earlier to right a wrong.\u00a0 If they are going to use the UCMJ to silence dissent then I demand they use it to take rank and honorable status away from Valor Vultures.<\/p>\n

John McCain used some\u00a0“contemptuous words against the president, the vice president, and Congress” over the years.\u00a0 How will any retired military officer run for POTUS without saying anything “contemptuous”?<\/p>\n

Source: Supreme Court: Retirees Can Be Court-Martialed for Crimes Committed After Service | Military.com<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

The U.S. Supreme Court has upheld the Defense Department’s authority to prosecute retired service members for … Retirees Can Be Court-Martialed for Crimes Committed After Service\u00a0<\/span>Read more<\/a><\/p>\n","protected":false},"author":667,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[238,15,5,295],"tags":[],"class_list":["post-85190","post","type-post","status-publish","format-standard","hentry","category-government-incompetence","category-legal","category-politics","category-scotus"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/85190","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/667"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=85190"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/85190\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=85190"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=85190"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=85190"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}