For Military Retirees: Yes, you can fall under the UCMJ

[Doc Dutch]

A word to the wise: Don't risk your veteran status or retirement by becoming an enemy of the Constitution.

https://www.militarytimes.com/news/y...be-it-depends/

Recent reports of current service members, veterans and some military retirees participating in the insurrection at the U.S. Capitol on Jan. 6 have prompted calls for investigations into those connections and using the Uniform Code of Military Justice to prosecute the offenders.

But the law is complicated — each of those groups falls into different categories when it comes to the UCMJ and military justice might not apply in many cases. The trickiest is retirees....

... for retirees, the UCMJ does apply in some situations — it all depends on how they retired, and even that is being litigated.

In a letter to acting Secretary of Defense Chris Miller this week, combat veteran and U.S. Sen. Tammy Duckworth, D-Illinois, called for the Pentagon and services to “root out extremists” and “hold individuals accountable” under the UCMJ.

One of the earliest such cases identified from the Capitol insurrection was retired Air Force Lt. Col. Larry Rendall Brock Jr.. He was photographed inside the Senate chamber holding zip ties and dressed in military-style gear, wearing a 706th Fighter Squadron patch...

...Because Brock is a retired reservist, he doesn’t fall under the UCMJ.

Had he retired from active duty, however, the Air Force could pursue charges against him.

Though that option has rarely been used in the history of the UCMJ, there have been high-profile cases in recent years that resulted in the prosecution of retirees....

...On Aug. 5, 2017, Naval Criminal Investigative Services arrested retired Navy Chief Petty Officer Stephen Begani, at his Marine Corps Air Station Iwakuni, Japan, residence for communications he had with what he thought was a 15-year-old girl but turned out to be an NCIS agent.

He was later convicted and sentenced to 18 months and given a bad conduct discharge.

[Doc Dutch]

Another one:

https://www.jordanucmjlaw.com/2021/1...ter-discharge/

The UCMJ normally does not apply to veterans. Specifically, veterans cannot be court-martialed if they were discharged from active duty before they reached 20 years of service or retired from the reserves and aren’t entitled to retirement pay until age 60. However, the following two groups of retirees are treated like active-duty members and can be charged under the UCMJ:

Active-duty veterans who retired from the Army, Navy, Marines, Air Force, Space Force, or Coast Guard and are entitled to immediate retirement pay
Navy-Marine Corps Fleet Reservists (those who retired from the Navy or Marine Corps between 20 and 30 years of service)
Because certain military retirees continue to receive a sort of “retainer pay,” and Fleet Reserve members can be called back to service at any time, government prosecutors argue they are subject to the UCMJ. Prosecutors also say court-martial power is necessary because it gives the government authority to prosecute any who refuse to return to service.

[Doc Dutch]

If you can't defend yourself, the only reason would be is that there is no defense. Everything people have said here about you is being proven true throughout the forum. You're a little cunt bitch, and nothing more.

And you'll die (and hopefully soon) before you find a single post of mine in which I've stated that I don't support the Constitution...

For you PO1 Glider:

https://fedsoc.org/commentary/fedsoc...litary-justice

Moreover, despite their retiree status, these two groups are treated like active-duty members in that they are continuously subject to UCMJ jurisdiction.

The application of UCMJ jurisdiction to retirees is significant because courts-martial are not Article III courts and are therefore not subject to some of the basic protections contained within the Bill of Rights. For instance, court-martialed defendants do not have the right to a jury trial; instead, an eight-person “member panel” selected by a high-ranking officer serves as the trier of fact. Consequently, whether Article 2(a)(4) and (6) are constitutional carries significant implications for individuals court-martialed under these provisions.

Despite many challenges to these provisions, military courts have consistently found that the Constitution allows Congress to extend UCMJ jurisdiction to retirees.

[Street Glider]

For you PO1 Glider:

https://fedsoc.org/commentary/fedsoc...litary-justice

Do you even bother to read the bullshit you post?

"Article 2(a)(4) allows for the court-martial of regular component (Army, Navy, Marine, Air Force, Space Force, and Coast Guard) retirees who are entitled to pay, and Article 2(a)(6) allows for the court-martial of retirees who are part of the Fleet Reserve or Fleet Marine Corps Reserve."

"Not to be deterred, Larrabee filed suit against the Secretary of the Navy and the United States in the United States District Court for the District of Columbia, again challenging the constitutionality of Article 2(a)(6). For the first time since the UCMJ’s inception, the district court found the provision unconstitutional."

I'm not even in the Fleet Reserve anymore.

There is zero chance I would ever be prosecuted under the UCMJ for anything. Of course, seeing as you washed out and never retired, you have nothing to worry about.

And, I gotta' tell you, Nancy, for a guy who says he never lets anything someone says on the internet bother him, you sure are going to some lengths to prove me wrong.

AND YOU'RE STILL FAILING!!!

[Doc Dutch]

Do you even bother to read the bullshit you post?

"Article 2(a)(4) allows for the court-martial of regular component (Army, Navy, Marine, Air Force, Space Force, and Coast Guard) retirees who are entitled to pay, and Article 2(a)(6) allows for the court-martial of retirees who are part of the Fleet Reserve or Fleet Marine Corps Reserve."

"Not to be deterred, Larrabee filed suit against the Secretary of the Navy and the United States in the United States District Court for the District of Columbia, again challenging the constitutionality of Article 2(a)(6). For the first time since the UCMJ’s inception, the district court found the provision unconstitutional."

I'm not even in the Fleet Reserve anymore.

There is zero chance I would ever be prosecuted under the UCMJ for anything. Of course, seeing as you washed out and never retired, you have nothing to worry about.

And, I gotta' tell you, Nancy, for a guy who says he never lets anything someone says on the internet bother him, you sure are going to some lengths to prove me wrong.

AND YOU'RE STILL FAILING!!!

You're missing my main point, son. Those are the current laws. When the US suffers a massive White Supremacist Extremist attack on the order of Oklahoma or 9/11, Congress can change those laws. Worse for you and the other White Nationalists, I think a lot of Americans would support that change.

Why would any sane person support using taxpayer dollars to pay terrorists and their supporters? Give them low-cost medical care? Allow them the rights and privileges given to veterans and retirees that most Americans don't share?

[Street Glider]

You're missing my main point, son. Those are the current laws. When the US suffers a massive White Supremacist Extremist attack on the order of Oklahoma or 9/11, Congress can change those laws. Worse for you and the other White Nationalists, I think a lot of Americans would support that change.

Why would any sane person support using taxpayer dollars to pay terrorists and their supporters? Give them low-cost medical care? Allow them the rights and privileges given to veterans and retirees that most Americans don't share?

You're babbling.

Are you drunk?

You hate America. That much is clear. You didn't retire because living a military life requires being a man, and you fall far short of that. You're nothing but a little girl.

I'm hardly a white supremacist. I'm not even a white separatist. Have I said racial shit? Sure I have; very targeted racial shit. Everyone has, even you, and you're a liar if you claim otherwise.

So fuck off and die, little girl. No one's buying your bullshit here...

[Doc Dutch]

You're babbling.

Are you drunk?

You hate America. That much is clear. You didn't retire because living a military life requires being a man, and you fall far short of that. You're nothing but a little girl.

I'm hardly a white supremacist. I'm not even a white separatist. Have I said racial shit? Sure I have; very targeted racial shit. Everyone has, even you, and you're a liar if you claim otherwise.

So fuck off and die, little girl. No one's buying your bullshit here...

You don't have to heed anything I say. Just keep ranting your racist bullshit, spreading lies against Americans, dance around violence as the answer and then let's see what happens over the next two years.

You're free to claim you aren't racist, but comments like the one quoted below are, indeed, racist, dumbass:

The violent nature of blacks isn't a stereotype. It's reality. A single black man isn't much of a threat, as he'll turn tail and run before any sort of physical engagement with someone who's able to handle himself. It's when blacks start to roam in packs that they become a concern, and that concern is justified given what the history of blacks in society is...

How would you justify that statement if facing a court-martial regarding your White Nationalist activities?

[Lionfish]

You don't have to heed anything I say. Just keep ranting your racist bullshit, spreading lies against Americans, dance around violence as the answer and then let's see what happens over the next two years.

You're free to claim you aren't racist, but comments like the one quoted below are, indeed, racist, dumbass:

How would you justify that statement if facing a court-martial regarding your White Nationalist activities?

Dear Mr. Tiny Penis,

[Doc Dutch]

My Tiny Penis

Have you seen a doctor about that?

[Street Glider]

You don't have to heed anything I say. Just keep ranting your racist bullshit, spreading lies against Americans, dance around violence as the answer and then let's see what happens over the next two years.

You're free to claim you aren't racist, but comments like the one quoted below are, indeed, racist, dumbass:

How would you justify that statement if facing a court-martial regarding your White Nationalist activities?

You need to let go of this wet-dream your having about me going to a Court Martial. Sorry, dipshit, it'll never happen.

But, to your question, it wasn't white people burning America to the ground, was it?

[Doc Dutch]

You need to let go of this wet-dream your having about me going to a Court Martial. Sorry, dipshit, it'll never happen.

But, to your question, it wasn't white people burning America to the ground, was it?

Petty Officer Dumbass; you won't be court-martialed under the present rules, son, since you admitted you retired out of the Reserves.

Even if Congress does change the law, you still wouldn't be court-martialed for simply being a racist fuckwit. You'd only be court-martialed if you participated in or materially supported a WSE act of violence or other crime.

As it is, you're most likely just another loudmouthed bullshit artist who talks big and does little. Have it, sailor! You're allowed to lie, bullshit and make false accusations just like everyone else on JPP.

Thanks for the racist answer. Are you saying no "white people" were involved in violent rioting, arson and other crimes since 2016? If you are, either you're stupid or lying because, yes, they were.

[NiftyNiblick]

People have earned what they earned, even if they are human garbage.
Once they die in prison, somebody is entitled to those benefits because they were earned, even if by a troglodyte.

[Street Glider]

Petty Officer Dumbass; you won't be court-martialed under the present rules, son, since you admitted you retired out of the Reserves.

Then what's with all your bullshit about showing how retirees can be tried under the UCMJ?

Oh, right, just more lies and bullshit from you...

Even if Congress does change the law, you still wouldn't be court-martialed for simply being a racist fuckwit.

You'd only be court-martialed if you participated in or materially supported a WSE act of violence or other crime.

And, seeing as there's zero chance of any of that happening, I'm in pretty good shape...

As it is, you're most likely just another loudmouthed bullshit artist who talks big and does little.

Not even a remotely accurate description, dipshit...

Have it, sailor! You're allowed to lie, bullshit and make false accusations just like everyone else on JPP.

So, what positive outcome have your false accusations about me has there been?

Thanks for the racist answer.

Oh, I get it. You're one of those woke little snowflakes who believes that any statement with the word "black" in it is racist...

Are you saying no "white people" were involved in violent rioting, arson and other crimes since 2016? If you are, either you're stupid or lying because, yes, they were.

Am I saying that? No, I've said that nowhere.

Yours is just another ignorant question asked by a complete retard...

[Doc Dutch]

People have earned what they earned, even if they are human garbage.
Once they die in prison, somebody is entitled to those benefits because they were earned, even if by a troglodyte.

If they violate the UCMJ then they should pay for their crimes per the UCMJ.

[Doc Dutch]

Then what's with all your bullshit about showing how retirees can be tried under the UCMJ?...

Sorry you couldn't keep up with the conversation, PO1 Dumbass. I was typing as slow as I could.

You'd only be court-martialed if you participated in or materially supported a WSE act of violence or other crime.

And, seeing as there's zero chance of any of that happening, I'm in pretty good shape...

Thanks for confirming you're all talk. Good for you!