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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: Red Badger
It's the blanket pardon that I detest. I think someone should challenge the constitutionality of blanket pardons that don't specify the crime that is being pardoned.

Since pardons are conjoined with reprieves and the sentence that is being reprieved must be specified, I say that so must the pardoned be specified, too.

This notion of Biden's that they are not guilty of anything but he's pardoning them anyway is an abuse of the power of the pardon.

-PJ

121 posted on 01/20/2025 9:57:36 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: fightin kentuckian

Military jurisdiction is separate from Federal jurisdiction.


122 posted on 01/20/2025 9:58:54 AM PST by Justa (Our constitution was made only for a moral and religious people....)
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To: Political Junkie Too

Acceptance of a ‘pardon’ is de facto admittance of guilt...............


123 posted on 01/20/2025 9:59:45 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

You don’t or the class gave you the wrong info. The president cannot pardon impeachments.


124 posted on 01/20/2025 10:29:10 AM PST by pacific_waters
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To: Bob434

Treason can be pardoned (many pardons were issued after the Civil War). Impeachment cannot be pardoned.


125 posted on 01/20/2025 10:37:54 AM PST by ConjunctionJunction (Vim vi repellere licet)
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To: Be Careful

If there is treason involved, then I should think he could be tried one way or the other. If not, then justice is still elusive.


126 posted on 01/20/2025 10:50:34 AM PST by oldtech
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To: Highest Authority

When I was in the military, Thule, Greenland was always the hated assignment they talked about.


127 posted on 01/20/2025 10:53:28 AM PST by oldtech
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To: Georgia Girl 2

EXACTLY


128 posted on 01/20/2025 11:36:59 AM PST by ridesthemiles (not giving up on TRUMP---EVER)
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To: Georgia Girl 2
These so called pardons will likely end up in front of SCOTUS and be struck down.

 

Neither of those things will happen.

129 posted on 01/20/2025 1:05:46 PM PST by absalom01 (You should do your duty in all things. You cannot do more, and you should never wish to do less.)
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To: butterdezillion

“Pleading guilty doesn’t mean that a prosecution CAN’T present evidence, does it?”

Kinda. There would not be a trial on guilt where a prosecutor would get the opportunity. A severe enough crime could have a trial for sentence only, but the question of guilt would not have to be proven so evidence of guilt likely would not be relevant.


130 posted on 01/20/2025 1:35:20 PM PST by CraigEsq (,)
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To: CraigEsq

It would be relevant to the victim. And if the victim sought civil damages a guilty verdict in a criminal trial would come to bear in the civil outcome, according to the scouts ruling saying the conviction would still stand


131 posted on 01/20/2025 2:10:58 PM PST by butterdezillion
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To: CIB-173RDABN

Lets see, how many of the J6 people are still imprisoned awaiting trial? Pardons carry an admission of guilt and therefore a specific crime is suggested. Charge him with something else.


132 posted on 01/20/2025 2:13:17 PM PST by Sequoyah101 (Donald John Trump. First man to be Elected to the Presidency THREE times since FDR.)
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To: butterdezillion

“What will it take to end that?”

My opinion: The Lord has given President Trump and the country a second chance to turn this thing around.

If for any reason that doesn’t work, I’m afraid our experiment is over.

I may be wrong but that is my fear.


133 posted on 01/20/2025 2:52:22 PM PST by jeffersondem
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To: Red Badger
Acceptance of a ‘pardon’ is de facto admittance of guilt

Yes, I posted the same thing on January 8th, but the other poster is a well-known liberal agitator.

It's an interesting read, though, if you follow the trail from my original post.

-PJ

134 posted on 01/20/2025 2:59:07 PM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Be Careful

Biden was not capable of judgment. All pardons ans executive orders and laws will be recinded


135 posted on 01/20/2025 3:00:53 PM PST by Chickensoup
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To: Justa

Yes and no, however in this instance it’s still a Federal pardon and the UCMJ is directly under Federal jurisdiction.


136 posted on 01/20/2025 4:09:35 PM PST by fightin kentuckian
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To: Georgia Girl 2

“ The power, which has historical roots in early English law,2 has been recognized by the Supreme Court as quite broad. In the 1886 case Ex parte Garland, the Court referred to the President’s authority to pardon as “unlimited”except in cases of impeachment, extending to “every offence known to the law” and able to be exercised “either before legal proceedings are taken, or during their pendency, or after conviction and judgment.”
SOURCE:
https://constitution.congress.gov/browse/essay/artII-S2-C1-3-1/ALDE_00013316/

I wish you had been right but no.


137 posted on 01/20/2025 4:21:38 PM PST by Ken Regis (I concur )
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