CBS Senior Investigative Reporter Catherine Herridge tweets Article 2 and Article 88 of Uniform Code of Military Justice Regarding "CONTEMPT TOWARD OFFICIALS"
Twitter ^ | June 6, 2020 | Catherine Herridge @CBS_Herridge
Yeah, so? It is a law. We’ve given up on following laws. We are into anarchy now.
Have they taken the knee and apologized for their white privilege?
Major General (Retired) James Grazioplane, a Vice President of DynCorp was charged with several counts of rape of a minor child. The minor was his daughter. The Army recalled him to active duty and intended to try him by Court Martial. However, the Court of Military Appeals ruled that the statue of limitations had expired and that the Army could not proceed with a Court Martial. He was arrested by Prince County, VA authorities and is in jail awaiting trial.
A soldier who worked for me was conducting espionage against the U.S. and NATO for the Hunarians. He had retired before the crime was discovered. The Army could have recalled him to Active Duty and tried him by Court Martial, but he was living in West Germany and we had no extradiction treaty with the Federal Republic of Germany. He was tried by the German Government and sentenced to life. He died in prison.
So, this can happen, but it is remarkably rare and as far as I know, has never been done for a crime committed after the date of retirement. Never is a big word, so someone may be able to cite an exception. Mattis and Kelly will never be charged with violation of Art 88.
Signing up for employment with any employer results in the same threat of firing for badmouthing your bosses.
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Our Secretary of Defense, Mark Esper, is sixth in line to the succession of the Presidency. He is also one of four or five civilian Courts Martial Convening Authorities.
In Executive Order 13533 of March 1, 2010, President Barack Obama modified the line of succession regarding who would act as the secretary of defense in the event of a vacancy or incapacitation, thus reversing the changes made by President George W. Bush in Executive Order 13394.