Posted on 01/20/2025 6:35:23 AM PST by Be Careful
Having said that, treason has a high standard to prove.
China arguably committed an act of bio warfare against America with Covid -19 .
This is an explicit act of war by China against the US
If you recall, China was reportedly prepping for potential nuclear attack by the US so the Chinese were obviously concerned that the Covid-19 outbreak could be seen as a bio warfare attack against the US.
US policy is that the appropriate response to a bio weapons attack can be a nuclear response.
Milley is on record as saying that he was collaborating with the Chinese military to thwart any possible nuclear attacks on China by the US.
Thinking a pretty plausible case could be made that Milley’s actions meets the standard for treason in that context.
Unfortunately, he and Fauci and the other criminals could probably claim double jeopardy...
of sorts...
Yes, heaven knows they deserve punishment, but if they’re to get what they deserve it’ll have to be administered extra-judicially. Don’t hold your breath.
The problem is that the actual wording of the constitution in no way authorizes the President to grant preemptive pardons. But the issue arose at one time and was wrongly interpreted by the Supreme Court just like they wrongly interpreted the 14th amendment. We need a new court challenge.
“And the trial could conceivably last a long, long time...”
Wouldn’t all he have to do is plead guilty if there is no sentence? No expensive trial. The press would cover for him.
Thanks for posting the actual wording. It might be interesting to get a case before the SCOTUS to get them to define the line “offenses against the United States.”
1. What does United States mean? The government? Or any person?
2. “Against” vs. “in” the United States? The latter term is more vague and wide.
3. “Offenses” means supposed or actual?
It would be smart to charge Fauci, have him twist through the system and bankrupt his a$$. At least he can appreciate what Trump has gone through for the last 8 years.
And as I think of it, being pardoned of a crime doesn’t mean a person can’t receive a dishonorable discharge and conceivably lose their pension as a result.
Jagusafr, I’m pinging you so you can correct me if I’m mistaken.
“Exactly what would you convict him for?”
Believe he has already admitted he held secret talks with the Chinese government to tell them he would countermand attack orders by Trump. THAT would qualify as treason in my book!
That was pre-emptive only in that it was a pardon of people who hadn’t yet been charged. BUT their crime had already been committed and their crime was stated in the pardon. Totally different than unspecified, non-charged crimes being pardoned.
THAT would be a howl.. demoted to E-1!!
I Love that idea :D
I am not a lawyer or Constitutional expert but I did find this below. A pardon of Milley would at the very least raise the question of "what crimes did he commit such that he needs a pardon?" And is he still vulnerable under the law for such crimes beyond what has been covered by a pardon?The answer appears to be "yes." He can be impeached retroactively and deprived of the benefits he still derives as a retired civilian official.
Article II, Section 2, Clause 1, often referred to as the Pardon Clause. It states:
"The President... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."Article II, Section 4 of the U.S. Constitution specifies who can be impeached and the grounds for impeachment:"The President, Vice President, and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."Grounds for Impeachment:
- Treason: As defined in Article III, Section 3, this involves levying war against the U.S. or aiding its enemies.
- Bribery: Accepting or offering something of value to influence an official's actions.
- High Crimes and Misdemeanors: This is a broader, less-defined category that can include:
- Abuse of power
- Corruption
- Obstruction of justice
- Gross incompetence or dereliction of duty
Retroactive Impeachment Retroactive impeachment and conviction can deprive a former federal official of their pension and other benefits. It can also have other consequences, such as disqualification from holding future office and loss of benefits.
None of the above would apply to Milley's military career though because that would fall under the Uniform Code of Military Justice and I think there's a 5 year statute of limitations.
But there is this:
18 U.S.C. § 3281: “An indictment for treason or other capital offense may be found at any time without limitation.”
Events like Biden has done with the pardons are what moves people to violence and being vigilantes. I pray that people use their anger to change the system and not turn to violence.
This country is a pressure cooker right now.
The good news is no they cant refuse to answer questions by congress. There is no 5th amendment protection when you are pardoned - since you cant be prosecuted.
Therefore, they must answer truthfully about anything they are asked. If they lie, a new crime has been committed for which they are not pardoned - then you can convict them for lying. If they tell the truth - we get to see under the rocks of all the bad things they were doing.
“These so called pardons will likely end up in front of SCOTUS and be struck down.”
Like it or not, Ford’s pardon of Nixon held up. Read it again.
“Now, Therefore, I, Gerald R. Ford, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9, 1974.”
The UCMJ is a federal criminal code. Presidential pardons do apply.
And, a RICO suit would be very appropriate.
Strangely (or not), you can.
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