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To: rbmillerjr
UCMJ, Article 94:

(a) “Any person subject to this chapter who—

(1) with intent to usurp or override lawful military authority, refuse, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

51 posted on 03/03/2012 6:53:23 PM PST by starlifter (Pullum sapit)
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To: starlifter

http://usmilitary.about.com/od/punitivearticles/a/mcm94.htm

“(b) Mutiny by refusing to obey orders or perform duties. Mutiny by refusing to obey orders or perform duties requires collective insubordination and necessarily includes some combination of two or more persons in resisting lawful military authority. This concert of insubordination need not be preconceived, nor is it necessary that the insubordination be active or violent. It may consist simply of a persistent and concerted refusal or omission to obey orders, or to do duty, with an insubordinate intent, that is, with an intent to usurp or override lawful military authority. The intent may be declared in words or inferred from acts, omissions, or surrounding circumstances.”

There needs to be two important intentions by the mutineer.

1)..it must be concerted and persistent in disobeying orders...a one time walk out due to perceived unconstitutional actions by the government wouldn’t meet the definition of persistent.

2) “an intent to usurp or override lawful military authority.” There is no intent by the act described to actually usurp or override lawful military authority. In fact the clear intent of the described act would be to conform government policy to “lawful military authority.”

The intent is not to usurp military authority but to enforce proper Constitutional authority and the act of defiance is not persistent.


52 posted on 03/04/2012 2:25:09 AM PST by rbmillerjr (Conservative Economic and National Security Commentary: econus.blogspot.com)
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