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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: CIB-173RDABN; Bob434
You are kind of right, but not really.

In Article II the President "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

Treason, Bribery, and High Crimes and Misdemeanors are offenses for which a President can be impeached. So, if a President, say Biden, were IMPEACHED for treason, his successor could not pardon him for that.

But if citizen Biden were indicted and convicted for treason in an Article III court, he could be pardoned just like any other citizen.

61 posted on 01/20/2025 7:24:42 AM PST by Jim Noble (Assez de mensonges et de phrases)
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To: alternatives?

Pleading guilty doesn’t mean that a prosecution CAN’T present evidence, does it? And for him to plead guilty, there would have to be specific charges against him - and THAT is what the American people need to see and have a right to see.

If there was any question of whether a prosecutor should be censured for making charges that won’t result in a sentence (even though they would absolutely result in a conviction), Congress should do something to basically state that in cases where treason is pardoned, a prosecution, trial, and sentence are mandatory, even after the pardon.

The public NEEDS to know the truth. If only to keep the treasonous press from continuing to slander/libel the victims of that treason.


62 posted on 01/20/2025 7:25:04 AM PST by butterdezillion
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To: silverleaf

§ 1.11 Advisory nature of regulations.

The regulations contained in this part are advisory only and for the internal guidance of Department of Justice personnel. They create no enforceable rights in persons applying for executive clemency, nor do they restrict the authority granted to the President under Article II, section 2 of the Constitution.

https://www.ecfr.gov/current/title-28/chapter-I/part-1


63 posted on 01/20/2025 7:26:41 AM PST by Brian Griffin
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To: Be Careful

He can be bucked down to private no matter what Biden does.


64 posted on 01/20/2025 7:28:25 AM PST by TexasFreeper2009
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To: Dr. Franklin

Removing his security clearances would be a no-brainer.


65 posted on 01/20/2025 7:28:35 AM PST by Ford4000
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To: Leaning Right

“Some sort of checks-and-balances should have been built into the process.”

The founders did build in the checks and balances.

We have the right to vote for people we trust to do right, and the right to vote out of office people that do wrong.

And the power to impeach.


66 posted on 01/20/2025 7:29:00 AM PST by jeffersondem
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To: Dr. Franklin

That’s an interesting possibility (”recall him to active duty to demote him in rank as CIC for insubordination”). Trump needs to make an example of him to discourage any similar egregious acts in the future. Its clear that Milley did not respect the CIC or feel compelled to honor the chain of command WRT his superior’s authority. In our system, with civilian control over the military, we cannot tolerate such insubordination.


67 posted on 01/20/2025 7:29:19 AM PST by Starboard
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To: Bikkuri
THAT would be a howl.. demoted to E-1!! I Love that idea :D

Ending a criminal prosecution doesn't mean no civil consequences for guilty conduct. The result depends on whether demoting someone in rank and pay is considered a criminal punishment, or if it is considered an administrative decision. I think the courts might defer to him as CIC on this issue, but it could depend on CJ Roberts and Amy Conehead.
68 posted on 01/20/2025 7:31:51 AM PST by Dr. Franklin ("A republic, if you can keep it." )
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To: CIB-173RDABN

See Iva Toguri, AKA Tokyo Rose

https://encyclopedia.densho.org/Iva_Toguri_D‘Aquino/


69 posted on 01/20/2025 7:33:57 AM PST by jjotto ( Blessed are You LORD, who crushes enemies and subdues the wicked.)
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To: Dr. Franklin

I am hoping that we can get as many states as we can to start state level charges (including murder).
Then the civil suits.

Well, I can dream, can’t I? ...


70 posted on 01/20/2025 7:35:18 AM PST by Bikkuri (I am proud to be a PureBlood.)
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To: RoosterRedux

Nice work! Pardons can’t apply to impeachment. Fauci could simply be retroactively impeached for his civilian position, on grounds of treason. Likewise all the rest of Biden’s pardons of civil officers including Milley, if his position was considered civil rather than military. I wonder what it takes to be considered a “civil officer”.


71 posted on 01/20/2025 7:35:58 AM PST by butterdezillion
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To: jeffersondem

You’re right about impeachment being a check on presidential power. But it’s of no use when a president starts issuing repulsive pardons near the end of his term.

Heck, Biden could have gone completely nuts and pardoned every last person in federal prisons. Nothing could have stopped him.

The Founders missed something here. If I ever invent a Time Machine I’ll be mentioning that to Ben Franklin and the boys.


72 posted on 01/20/2025 7:37:47 AM PST by Leaning Right (It’s morning in America. Again.)
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To: EdgeOfDarkness

Is it true that you can’t be prosecuted? Or just that you can’t actually be forced to pay a sentence?


73 posted on 01/20/2025 7:37:49 AM PST by butterdezillion
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To: Leaning Right

Retroactive impeachment.

They’ve already done it to Trump, so there’s no reason to not do it to Biden and all the civil officers he has pardoned. Pardons can’t apply to impeachment.


74 posted on 01/20/2025 7:41:33 AM PST by butterdezillion
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To: butterdezillion

Here’s what I had in my notes about the definition of “civil officer:”

In the context of Article II, Section 4 of the U.S. Constitution, “civil officers” generally refers to individuals who hold positions of public trust and authority within the federal government, excluding military officers and members of Congress. These are typically appointed officials in the executive and judicial branches.

Examples of “civil officers” include:

Cabinet Members – Such as the Secretary of State, Attorney General, and other department heads.
Federal Judges – Including Supreme Court justices and lower federal court judges.
Ambassadors – Diplomats representing the United States in foreign countries.
Other High-ranking Federal Officials – Those appointed under the Appointments Clause of the Constitution.
The term is interpreted broadly to encompass any officer whose duties involve the execution of federal laws or governance, provided they are not part of the military. This interpretation allows the impeachment process to apply to officials whose conduct might warrant removal for “Treason, Bribery, or other high Crimes and Misdemeanors.”


75 posted on 01/20/2025 7:42:51 AM PST by RoosterRedux ("There's nothing so inert as a closed mind" )
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To: Deaf Smith

I wrote:

A reasonable man at the time could have thought Covid vaccination was proper.

You wrote:

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

Almost all the doctors practicing medicine today in the USA have been vaccinated against Covid.

Almost all the persons employed as nurses today in the USA have been vaccinated against Covid.

One needs to understand the benefits of Covid vaccination increase with age.

One needs to understand the risks of Covid vaccination decrease with age.

Old folks lined up to get jabbed. The younger folks expected less benefit and more risk and many didn’t want to get vaccinated against Covid.

“Experimental Gene Therapy.”

Covid vaccines have had more real-world usage than any prescribed medical product I can think of.


76 posted on 01/20/2025 7:44:29 AM PST by Brian Griffin
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To: RoosterRedux

Excellent, excellent work!

Thank you!


77 posted on 01/20/2025 7:48:56 AM PST by butterdezillion
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To: butterdezillion

“And the same thing with Fauci et al - especially since it seems the war crime of “gain of function research” on the taxpayers’ dime is still going on, and the entire system seems set to do the whole thing all over again. Fauci is a national security (and world security) risk and must be imprisoned during his trial. Again, a pardon doesn’t remove the ability of government to prosecute crimes the person has committed.”

A US person knowingly contributing to the modification of a virus to make it more dangerous might be arrested, tried and convicted by any country where the modified virus caused injury or death.


78 posted on 01/20/2025 7:49:37 AM PST by Brian Griffin
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To: Brian Griffin

Forcing people into medical experiments is against the Nuremburg Code.

This man is the same as Josef Mengele.


79 posted on 01/20/2025 7:51:56 AM PST by butterdezillion
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To: butterdezillion

Yur welcome.:-)


80 posted on 01/20/2025 7:53:18 AM PST by RoosterRedux ("There's nothing so inert as a closed mind" )
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