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Can Milley Be Courtmartialed Under Military Law Despite The Federal Pardon?

Posted on 01/20/2025 6:35:23 AM PST by Be Careful

Just wondering.....and wondering if the Military would have the appetite to do so, if able......if true treason was committed, the public needs to know


TOPICS: Military/Veterans
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To: alloysteel

The whole world knows that Slow Joe is legally incompetent. Documents sign by incompetent people are can be invalidated.

101 posted on 01/20/2025 8:32:13 AM PST by Colorado Doug (Now I know how the Indians felt to be sold out for a few beads and trinkets)
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To: jeffersondem

American voters - busy with their own lives - trusted the media.

And that is the greatest danger this country faces.

The slander against those who told the truth was very, very, very expensive to this country.

What will it take to end that?


102 posted on 01/20/2025 8:35:38 AM PST by butterdezillion
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To: jagusafr

Also - while I’ve got you here - what do you make of Catherine Herridge tweeting a photo of herself at Gitmo?


103 posted on 01/20/2025 8:37:34 AM PST by butterdezillion
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To: Red Badger
...and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

Since the Constitution provides no other guidance for interpreting that phrase, I would argue that since it states that the President has power to issue reprieves and pardons for “offences”, it does not grant the President power to issue them where no offense has occurred. It’s simple logic, as well as just obvious grammar. An identifiable offense must have occurred for a pardon to be issued for it, otherwise this phrase, and the pardon power itself, makes no sense.

At the very least, issuing a pardon MUST be counted as absolute and final proof that an “offence” (a crime) WAS committed by anyone receiving that pardon.

104 posted on 01/20/2025 8:39:04 AM PST by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: noiseman

Exactly so..............


105 posted on 01/20/2025 8:40:01 AM PST by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: noiseman

Exactly so..............


106 posted on 01/20/2025 8:40:01 AM PST by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: CIB-173RDABN
Having said that, treason has a high standard to prove.

I don't think it's ever been charged in "peace time." Feel free to correct me if I'm wrong.

107 posted on 01/20/2025 8:42:32 AM PST by Tallguy
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To: butterdezillion

There would be no jurisdiction for a court-martial if he’s already received a pre-emptive pardon.

Not certain what would be gained by calling the US “occupied territory”.

As to Herridge, I haven’t seen the tweet but if she was there doing her job, I don’t have a big issue.


108 posted on 01/20/2025 8:48:04 AM PST by jagusafr ( )
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To: DownInFlames
"Precedent has been set with Nixon."

Pardon my ignorance - was that pardon challenged at the Supreme Court and upheld? If not, the simple act of Ford pardoning Nixon doesn't establish a Constitutional precedent. (The USSC doesn't weigh in on such questions until asked.)

109 posted on 01/20/2025 8:52:24 AM PST by Be Free (When guns are outlawed, only outlaws will have guns.)
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To: Georgia Girl 2

Yes, you can indeed. There does not need to be a charge, an arrest, a trial, a conviction, none of it. You don’t even have to specify a crime. Just a person and a time period.


110 posted on 01/20/2025 8:53:25 AM PST by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2025... RETURN OF THE JEDI..Exactly.)
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To: jagusafr

A pre-emptive pardon means that there can’t be an investigation and prosecution so that the public can find out what was done and who all was slandered or otherwise victimized by this man?


111 posted on 01/20/2025 8:54:08 AM PST by butterdezillion
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To: Be Careful

I would suggest Trump challenge the constitutionality of ‘preemptive pardons’.

Does it prevent the investigation of others who were involved in crimes? Or can you continue the investigations and trials, knowing they would be automatically pardoned if convicted. How do you get to the truth?

How can you ever pardon someone who had not been convicted?

Can you pardon TREASON? (the penalty being death)

The precedent is Ford pardoning Nixon, but that was wrong too- and the democrats argued that point at the time.


112 posted on 01/20/2025 8:57:36 AM PST by Mr. K (no consequence of repealing obamacare is worse than obamacare itself.)
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To: Be Free

According to Wikipedia (I know, I know), the Nixon pardon was never challenged so SCOTUS has never ruled on whether pre-emptive pardons are Constitutional, or on whether a pardon can prevent indictments from happening.

I imagine SCOTUS will be called to make some rulings very soon.

I can’t see how pardoning somebody - removing the penalty for their conviction - can prevent them from being convicted. It actually seems to me that for the pardon to be effective there had to BE a conviction.

If a pardon can keep a person from being investigated and charged with crimes, it means that the victims of those crimes have no due process allowed to them - no way for the truth to be known, no way to be vindicated. I don’t see how this could possibly be compliant with the 14th Amendment. Due process is not only for the benefit of the accused, but also for the benefit of the one victimized. To keep a victim from having a chance for the truth to be exposed is basically the government itself officially slandering a victim. This cannot be Constitutional.


113 posted on 01/20/2025 9:15:01 AM PST by butterdezillion
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To: Be Free

The Wikipedia article also noted that a pardon does not remove the fact of a person’s conviction, and the fact of a person’s federal conviction can be used as a basis to influence outcomes in future trials either at the state or federal levels. So it seems to me that part of the reason for the conviction to still stand even though the penalties are removed is so that the victims are able to get justice through other venues. So the ability for victims to see the conviction of the perpetrator - even if no penalty is held against that perpetrator - is a valid reason for a conviction to stand, regardless of a pardon. And the same reason would exist for why a conviction should be allowed to be sought and acquired, regardless of whether the penalty is pardoned.


114 posted on 01/20/2025 9:20:19 AM PST by butterdezillion
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To: Be Careful

Everyone that Xiden pardoned frankly needs to be assassinated.


115 posted on 01/20/2025 9:34:36 AM PST by AbolishCSEU (Amount of "child" support paid is inversely proportionate to mother's actual parenting of children)
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To: Be Careful

In Miley’s case President Trump an revoke all his security clearances which will remove him from any and all information relative to our military and other security operations. That would in effect prevent him from being employed by any contractor and remove his gravy train for the future.

Also we will have an attorney general who takes no crap and will no doubt figure out a way to hammer this guy.


116 posted on 01/20/2025 9:38:03 AM PST by msrngtp2002 (Just my opinion.)
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To: Be Careful

So if Milley, at any point in his remaining life, assaults a postal worker, steals a sandwich from a pentagon cafeteria or illegally develops a wetland against EPA rules on his family farm - he is immune from Federal prosecution?

What an absurd proposition.


117 posted on 01/20/2025 9:40:47 AM PST by PGR88
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To: Georgia Girl 2
You can’t pardon people for crimes they haven’t been charged with.

For Federal crimes in the past you can. There is simply no limit of that type on the plenary authority of the President to issue pardons.

118 posted on 01/20/2025 9:40:49 AM PST by Fury
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To: jeffersondem

Recall Miley to the Military, demote him in rank to Private, send him back to boot camp, them transfer him to Antarctica in summer attire. There, problem solved!


119 posted on 01/20/2025 9:49:02 AM PST by Highest Authority (DemonRats are pure EVIL)
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To: butterdezillion

There’s a difference between criminal pardon and civil liability. I don’t know that a pardon will shield these people from civil judgment.


120 posted on 01/20/2025 9:55:05 AM PST by jagusafr ( )
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