Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

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
KEYWORDS:
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 121-137 next last
To: Georgia Girl 2

“You can’t pardon people for crimes they haven’t been charged with.”

That is not a correct interpretation of the law. Sorry.


21 posted on 01/20/2025 6:47:50 AM PST by jeffersondem
[ Post Reply | Private Reply | To 5 | View Replies]

To: butterdezillion

Seems to me that Milley’s pledge to let China know what is going on is the very definition of treason.


22 posted on 01/20/2025 6:48:28 AM PST by dandiegirl (BOBBY m)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Be Careful

Is it possible for the “PRE-EMPTIVE” Federal pardon to be rescinded?

Every one of these “pardons” issued by Joe Biden should be challenged, as they are far too sweeping in the degree of immunity being offered. All these pre-emptive pardons include the presumption of guilt on the part of the person being granted the immunity from prosecution, and very likely reflect on probable guilt on the part of the person granting the pardon. I cannot imagine of anything that is more self-serving on the part of Joe Biden.

If the pardon cannot be rescinded, then a civil suit for damages should be brought against the person of questionable veracity, and they be left with a mere subsistence level of financial support for the remainder of their days. Any income they may receive in connection with the proceeds of the civil suit should be forfeit, this includes any memoirs or published accounts.

An object lesson for generations to come.


23 posted on 01/20/2025 6:49:25 AM PST by alloysteel (This is yet another test. There are no right or wrong answers, only the correct response for you.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dandiegirl

It is, but all the dems and all the rinos just went “ho hum, nothing to see here”, so nothing was ever done about it.


24 posted on 01/20/2025 6:52:21 AM PST by Bob434
[ Post Reply | Private Reply | To 22 | View Replies]

To: Be Careful
Don't waste time with attempted prosecutions.

President Trump needs to work his announced agenda.

I don't see anything wrong with creating a truth commission and calling in those pardoned to give testimony.

Their pardons should prevent them from invoking the 5th.

And they would be unwise to commit perjury.

25 posted on 01/20/2025 6:52:42 AM PST by jeffersondem
[ Post Reply | Private Reply | To 1 | View Replies]

To: Georgia Girl 2

> You can’t pardon people for crimes they haven’t been charged with. <

Ford pardoned Nixon for all federal crimes Nixon *might* have committed.

The presidential pardoning power is that great. The Founders made a mistake with there, in my opinion.


26 posted on 01/20/2025 6:53:12 AM PST by Leaning Right (It’s morning in America. Again.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: alloysteel

[[ a civil suit for damages should be brought against the person of questionable veracity, and they be left with a mere subsistence level of financial support for the remainder of their days. Any income they may receive in connection with the proceeds of the civil suit should be forfeit, this includes any memoirs or published accounts))

That is what the left did to Rudy and trying to do to pres Trump and fami,y and lawyers and friends and elon etc


27 posted on 01/20/2025 6:54:44 AM PST by Bob434
[ Post Reply | Private Reply | To 23 | View Replies]

To: Brian Griffin
>>A reasonable man at the time could have thought Covid vaccination was proper.

“Experimental Gene Therapy.”

The prudent man didn’t thing so in 2021 and not today.

28 posted on 01/20/2025 6:56:11 AM PST by Deaf Smith (When a Texan takes his chances, chances will be taken that's for sure.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Be Careful

He cannot be pardoned for treason.


29 posted on 01/20/2025 6:56:37 AM PST by tired&retired (Blessings )
[ Post Reply | Private Reply | To 1 | View Replies]

To: mosaicwolf

The whole idea of pardoning somebody for an unknown offense cannot stand. The blanket pardon cannot be Constitutional.

According to https://www.usconstitution.net/presidential-pardon-limits/ , Congress proposed a law (after Clinton pardoned Marc Rich) that would require the details of Presidential pardons to be made public. That suggests to me that the pardons themselves have to state what crimes are being pardoned, even if the crimes are not publicly disclosed. If blanket pardons are allowed, law enforcement and justice are a sick joke.


30 posted on 01/20/2025 6:56:46 AM PST by butterdezillion
[ Post Reply | Private Reply | To 8 | View Replies]

To: dandiegirl

Exactly. He admitted that he is a Chinese spy.


31 posted on 01/20/2025 6:57:35 AM PST by butterdezillion
[ Post Reply | Private Reply | To 22 | View Replies]

To: Be Careful
I doubt it.Military courts are basically Federal courts...so a Presidential pardon would have the same force for a soldier as it would for a Mexican gang banger fentanyl dealer.
32 posted on 01/20/2025 6:58:40 AM PST by Gay State Conservative (Import The Third World,Become The Third World)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Leaning Right

Just because they were not challenged on the law does not mean it was correct.


33 posted on 01/20/2025 6:58:46 AM PST by tired&retired (Blessings )
[ Post Reply | Private Reply | To 26 | View Replies]

To: Red Badger

Note: He’ll shall have the power, not others. If he was unaware he was signing a pardon or he signed it under duress, it may be struck down.


34 posted on 01/20/2025 6:59:11 AM PST by AppyPappy (If Hitler were alive today and criticized Trump, would he still be Hitler?)
[ Post Reply | Private Reply | To 17 | View Replies]

To: jeffersondem

Actually it is correct. These so called pardons will likely end up in front of SCOTUS and be struck down.


35 posted on 01/20/2025 6:59:47 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
[ Post Reply | Private Reply | To 21 | View Replies]

To: jeffersondem

I don’t think the country can move forward unless and until the illegal occupation of the US for the last 4 years is exposed and dealt with.

We must NEVER have this happen again. People need to realize that our own media is the enemy of the United States of America and has conspired to undo everything that America is.

We came one X away from being Nazi Germany in every way. Thank God for Elon Musk!


36 posted on 01/20/2025 7:01:14 AM PST by butterdezillion
[ Post Reply | Private Reply | To 25 | View Replies]

To: fightin kentuckian

In addition the president is the commander and chief by his title so one would think the power would extend to this side of the government


37 posted on 01/20/2025 7:03:17 AM PST by gas_dr (Conditions of Socratic debate: Intelligence, Candor, and Good Will)
[ Post Reply | Private Reply | To 2 | View Replies]

To: butterdezillion

Now *that* is an intruuging thought.


38 posted on 01/20/2025 7:07:25 AM PST by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: tired&retired; Georgia Girl 2

Another example of a preemptive pardon is Carter’s pardoning of all the Vietnam-era draft evaders.

You do raise an interesting point, tired&retired. Perhaps the Supreme Court could challenge such pardons. But I’m rather sure they won’t. A precedence has been set. And there is nothing in the Constitution to suggest that a president can’t issue such pardons.

Anyway, this is a pet peeve of mine. The Founders fought a war to get rid of a king. Then they gave the president an absolute, king-like power to issue pardons.

Something is wrong with that picture. Some sort of checks-and-balances should have been built into the process. Perhaps Congress should have the power to veto a presidential pardon just as a president can veto a congressional bill.


39 posted on 01/20/2025 7:07:38 AM PST by Leaning Right (It’s morning in America. Again.)
[ Post Reply | Private Reply | To 33 | View Replies]

To: Be Careful

Pres pardons and limitations explained

https://www.findlaw.com/litigation/legal-system/presidential-pardon-power-and-its-limits.html


40 posted on 01/20/2025 7:08:18 AM PST by silverleaf (“Inside Every Progressive Is A Totalitarian Screaming To Get Out” —David Horowitz)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 121-137 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson