[butterdezillion]

As I’m thinking about it, a pardon doesn’t mean you can’t be prosecuted. It just means that whatever sentence you receive is removed. They could absolutely have a court-martial against him. And, I would think, they could imprison him while the trial is pending and during the trial.

And the trial could conceivably last a long, long time...

[butterdezillion]

With Milley’s pledges to tell China what Trump is up to, his security clearances, etc it would be very, very easy to get a military judge to accept that he needs to be imprisoned during the court-martial due to national security concerns.

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.

[grey_whiskers]

Now *that* is an intruuging thought.

[alternatives?]

“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.

[RoosterRedux]

I posted this on a similar thread back on December 6.

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.”

[Colorado Doug]

And, I would think, they could imprison him while the trial is pending and during the trial. And the trial could conceivably last a long, long time...

I like the way you think. A trial for treason sounds just right. Let it begin.