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Retired military personnel engaged in the insurrection on Jan 6 should not be brought back on active duty to face prosecution under the UCMJ.
They should be prosecuted in federal court, where they will not be addressed by rank, and presumably will not be in uniform. (1/4)
They should be prosecuted in federal court, where they will not be addressed by rank, and presumably will not be in uniform. (1/4)
If a military retiree committed a crime, it is appropriate to bring that person on active duty to face prosecution when he:
1. committed the crime prior to retirement, or
2. committed a military-specific crime (violated the UCMJ, but not Title 18), or (2/4)
1. committed the crime prior to retirement, or
2. committed a military-specific crime (violated the UCMJ, but not Title 18), or (2/4)
3. cannot practically face punishment otherwise, or
4. committed a crime affecting good order and discipline of the military
1-3 obviously don’t apply. There are some arguments for number 4, but... (3/4)
4. committed a crime affecting good order and discipline of the military
1-3 obviously don’t apply. There are some arguments for number 4, but... (3/4)
The arguments would take pages to discuss, so I’ll just offer this.
When you try someone at court-martial, that person has rank. He is not Mr. Ziptie. He is Lieutenant Colonel Ziptie. He also wears a uniform. You’ve just enhanced his esteem among the public. Why do that? (4/4)
When you try someone at court-martial, that person has rank. He is not Mr. Ziptie. He is Lieutenant Colonel Ziptie. He also wears a uniform. You’ve just enhanced his esteem among the public. Why do that? (4/4)
