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To: BiggBob
And? Does that mean that they will only use the UCMJ punitive articles? I hope not. Forfeiture of all pay/allowances isn't very stiff. Art 88 mentioned; the penalty: dismissal, forfeiture of all pay and allowances, and confinement for up to one (1) year are the possible penalties for a violation of Article 88. Oh noes!!!

I believe military tribunals will be held, but that is NOT similar to MCM. The rules of evidence for CM are in line with Federal courts. Forget the majority of the NSA intel in that case. Feds officials working for the military are subject to the UCMJ already.

The PROCEDURES for CM are the basis of military tribunals and commissions, not thankfully the rules of evidence, nor are the charges limited to the punitive articles of the UCMJ.

CIVILIANS except as noted above are not subject to the UCMJ. Martial Law and proceedings under the Law of Armed Conflict (LOAC) will almost definitely include 'civilians' since the opposing side in this war are almost exclusively non-state actors resulting in them being UNLAWFUL COMBATANTS. Amongst the other things you can't do as a civilian even with Constitutional rights is wage war without state sponsorship or recognition. Those that do, are UNLAWFUL COMBATANTS IAW LOAC. Those are what Q is referring to. Not prosecutions under a system used for the discipline of the US armed forces and others noted in Article 2 of the UCMJ.

Kavanaugh wasn't questioned about the UCMJ, that discussion was about LOAC.

Sorry I won't do colored font, but I will yell in caps instead. Get it now.

2,075 posted on 06/06/2020 8:58:42 PM PDT by xone
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To: xone

Much appreciated, thank you.


2,085 posted on 06/06/2020 9:13:49 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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To: xone
The CM process is basis of military tribunals/commissions, but the rules of evidence are broader than when the UCMJ articles are used. Would love to see it.

I read this as you believed it wouldn't happen at all. Which is what I disagreed with.

how about large colored fonts?

2,103 posted on 06/06/2020 9:46:38 PM PDT by BiggBob (Lions don't lose sleep over the opinions of sheep.)
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