Posted on 06/13/2020 9:58:25 AM PDT by McGruff
In recent weeks, President Trump has been publicly criticized by high-ranking retired military officers such as General James Mattis, Admiral William McRaven, General Colin Powell, Lt. General John Allen, and others. These public criticisms, however, are in violation of the Uniform Code of Military Justice (UCMJ), and law experts say these officials could be recalled to active duty and prosecuted.
“Retired officers can’t make contemptuous remarks of the commander-in-chief,” John Dowd, a former Marine Corps Judge Advocate and former Trump legal advisor, told Just The News. “They’re all subject to recall. They’re subject to the Uniform Code of Military Justice until they die.”
“As part of the UCMJ, governing military law, you cannot use contemptuous words against certain officials, including the president,” one active-duty Army Judge Advocate General Corps officer said. “That is a court-martial offense, and yes, you can be recalled to active duty to be court-martialed.”
These retired officials likely know they can be recalled and held accountable.
(Excerpt) Read more at pjmedia.com ...
Absolutely right. Maybe Trump is waiting for his reelection to open fire on these duds. This is just another example of what happened when he did not fire every Obama appointee, in and out of uniform on his first day in office. I am a retired Army Officer and ashamed of the modern Army. But I would pick out a high profile retired Officer who has been insubordinate and make an example of him after the election.
.........”Despite the fact these retired officers could be recalled and prosecuted, the chances of that happening are very, very small.”
Bears repeating.
Do it. Let Mattis endure the same BS he permitted against the Haditha Marines.
That is a court-martial offense,the swamp isn’t feeling as safe as it once did aka progress.
They dont have to prosecute them. Just disqualify them from their retirement pay. That’ll shut 90% of them up real quick.
AMEN! All of these SWAMP Generals have ZERO Honor.
Beyond insulting Trump the man, they should be held accountable for the sake of the office. These same clowns suggest the the President can’t declare an insurrection when it occurs we spent good f**ing money training these clowns for them not to know what the powers of the Presidentcey consist of. What do they not understand about domestic enemy they have taken an oath to defend.
Recall them to Active duty then change their retired pay grade to O8 for retirement. Should be a fairly administrative action.
Good. Start with Colin Powell. It’s really just a word to the wise. Management are better at keeping their mouths shut.
If the retirees violate their their retirement contract, restrict their pension. That will bring them into line.
Sounds good to me
Even if they can’t LEGALLY be prosecuted, what’s to stop Trump from prosecuting them and ruining their lives, then dismissing the prosecution with a wave of his hand (Oopsy!). Why not? It’s what the Deep State tried with him.
O8 is still a two-star, isn’t it? Bust ‘em down to O6.
Another person involved with the Haditha marines... who claimed to be on their side... is Mark Zaid of Compass Rose. More recently, Zaid’s associate represented the Trumpcall/Ciaramella ‘whistleblower’ Vindman ...
Wasn’t aware of that. Good find.
But they won’t be. It’s just a warning.
Unless of course they misremember the contents of a conversation they had with their illegal alien gardener. In that case, Judge Emmet “The Persecutor” Sullivan will make it his personal crusade to try them and convict them of heinous thoughtcrime.
Based on last year’s Military Court of Appeals decision, this might apply to some senior retired military officers and to retired officers who have not yet attained 30 years of active and inactive military tenure. If you retire at 20 years of service, you are held on retainer by way of your retired pay up until the point at which you reach 30 years of total service. After 30 years, you are placed in permanent retired status and no longer subject to UCMJ. Most of the retired generals have passed that 30 years of service. To be recalled to AD after the 30 year mark, you have to consent to it. During the 1st gulf war, there were many officers and senior NCOs who had passed 30 years and who were asked to return temporarily to AD due to their previous job skills. I knew one who was a master chief gunner on battleships. They had brought up the Iowa from mothballs, but had nobody who could teach battleship gunnery to the sailors who were to be assigned to the Iowa. I also knew people who had only been retired a few years who were involuntarily recalled to AD.
As explained to me many many moons ago that Flag Officers can only retire at O8 unless they get special dispensation. It seems these special dispensation has become a rubber stamp.
However, provided what I was told is still true (and it may not be), by re-retiring them at O8 becomes administration rather than court martial and therefore much more difficult to fight.
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