Posted on Dec 21, 2018
MSG Senior Operations Nco
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Under Article 2 of the UCMJ, the Army maintains court-martial jurisdiction over retired personnel. Army Regulation 27-10, Military Justice, states “Retired members of a regular component of the Armed Forces who are entitled to pay are subject to the provisions of the UCMJ.
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LTC Gary Earls
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So the FBI can lie to you and not be punished but if you lie to the FBI then you go to jail. Something is wrong here.
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Amn Owen Killman
Amn Owen Killman
25 d
As I recall he asked the FBI if he should bring an attorney and they said no. That was a lie and they knew it. They have ruined a good man financially. He was trapped by the FBI. The FBI in the past few years have lost credibility. Fortunately most of those scumbags have either been fired or retired.
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MAJ Multifunctional Logistician
MAJ (Join to see)
6 d
Flynn confessed. Police like the FBI can lie and is not illegal. Flynn should have kept his mouth shut and ask for a lawyer but he didn't. Flynn confessed and is a convicted Felon. He was awaiting sentencing when trump pardoned him. A pardon doesn't change his conviction.
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CSM Todd Smith
CSM Todd Smith
2 d
GEN Flynn was coerced into pleading guilty, The FBI threatened to go after his children on bogus charges. They bankrupted him. In my opinion military personnel should stay away from the politicians in Washington DC. They will screw you in a heartbeat.
If you are ever asked questions by the FBI or any other federal law enforcement agency make sure you have an attorney present and record the interview if you can.
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TSgt Donald Douglas
TSgt Donald Douglas
23 h
Come on. I was told when I went into the Military that you could lose your benifits for therr things...Rape, Robbery and Murder so Im sure he knew.
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MAJ Armored Combat Command Commander
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Edited 7 mo ago
I say leave his military pension alone if his infractions did not occur in service to the military. They are unrelated.
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SSgt James Mathews
SSgt James Mathews
28 d
So, if you think Flynn is guilty you are or have been watching too much CNN.
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1SG Jeffrey Mullett
1SG Jeffrey Mullett
22 h
Sir, as a retired Officer, and a General, he is subject to recall, and conduct becoming of an Officer. He is in Retired Reserve, which maintains his rank as a General. By associating with an unfriendly government, in an official role in our government, he violated his oaths, which none of us relinquish upon retirement, ETS or Medical release.
As a Retired Officer of the US military, he is held to a higher standard, and level of conduct, which he also violated.
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LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
8 h
1SG Jeffrey Mullett - A PAO SHOULD KNOW BETTER!!!!!!!! FYI - Military personnel can be recalled to serve active duty if needed. If they fall under Category I: Nondisabled military retirees under the age of 60 who have been retired less than five years. This category is disposed to be recalled during times of war, national emergency, or “needs of the service”. IF the retiree isn't in the retired reserve, been retried for over 5 years, over 60, or retired under Tittle 32 they are not subject to recall or the UCMJ. Our service isn't for life. Thus neither is the Jurisdiction of the UCMJ. Flynn was/is not a Member of the Retired Reserve and is over 60. I can not be recalled because I'm not in the retired Reserve and Retired Under Title 23 but and now a FULLY Retired Officer under Title 10 (Have the Order to prove it), and am NOT subject to recall for ANY reason. You really should review the Regs. especially Category I. Look at the UCJM wording of "Conduct Unbecoming of an Officer and Gentleman Reg closer. You'll see NO ONE is being called back to active duty for that Reg. It's to vague and RARELY enforced on Active Duty. The Service isn't going to waisted the money Policing that on ANY retiree.

ALL Government official who deal in Foreign Policy associating with an unfriendly government, in an official government role. Jeez They have too. By your logic they shouldn't talk to China, Russia Iran... Flynn's business dealings were with Turkey a NATO Allie and were found to be legal. Where he went wrong was not disclosing on Equip (The Security Clearance Questionnaire). A minor mistake anyone can make and was clear of any wrong doing during the investigation. ANYONE conducting business deal with ANY foreign country MUST identify as a "Foreign Agent" on Equip. It' not as nefarious as it sounds.

Additionally:
If a Vets convicted, can a Veteran Receive Retired Military Pay While In Prison?
Generally, yes. Being convicted of a crime almost never jeopardizes a federal pension – the rare exception to this rule are charges relating to criminal disloyalty to the United States: espionage, treason, sabotage, etc. Therefore, retirement pay could continue. Military retirement pay is not automatically stopped for incarceration AFTER retirement. According to the Hiss Act, as amended in 1961, only convictions (after retirement) for "crimes of national security" could lose retirement pay or benefits. So far the charges range from conspiracy, civil disorder, obstruction of an official proceeding, knowingly entering or remaining in a restricted building or grounds without lawful authority, disorderly conduct, vandalism, trespassing, theft, and destruction of property. So at this time their benefits are safe. Anyone who does get changed with insurrection may have their benefits at risk. But read the insurrection act. There are some criteria elements of the crime that must be met to be charged and tried. Probably why no one has been charged with insurrection so far. While I don't agree with those who entered the building I don't see where it meets the legal definition of insurrection. I agree with the charges filed to date of vandalism, trespassing, theft, and destruction of property.

Can A Veteran Receive VA Benefits While In Prison?
VA can pay certain benefits to veterans who are incarcerated in a Federal, state or local penal institution. However, the amount they can pay depends on the type of benefit and reason for incarceration. Your monthly payment will be reduced beginning with the 61st day of your imprisonment for a felony. If your disability payment before you went to prison was based on a rating of 20% disabled or higher your new payment will be based on the 10% disability rating. If you were receiving disability at the 10% disability rate your new payment will be cut in half. If you are imprisoned in a Federal, State or local penal institution as the result of conviction of a felony or misdemeanor, such pension payment will be discontinued effective on the 61st day of imprisonment following conviction.

https://www.military.com/benefits/veteran-benefits/incarcerated-veterans.html
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LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
8 h
1SG Jeffrey Mullett - The facts are: As of 16APR2021 you're 5 months late to the END of this debate. Bottom line is the case is OVER/CLOSED and your opinion or anyone else on this matter MEANS NOTHING. There was NO conviction, the case was dismissed, and he has been "Pardoned." Additionally the Pardon protects GEN Flynn from being charged with any offenses related to this case. So even if USMJ could apply which it doesn't. He cannot be legally recalled or charge by any court military or civilian for that matter. Whether you like it or not he can; retire in peace, go back into politics (Although I'd advise against it), open a business as a government contractor, become a Military Intelligence consultant, or go to his local gun shop and buy and AR-15 if he so wishes. NOTHING ANYONE ON CAN DO ABOUT THAT. Congratulation LTG Flynn
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SGT Lou Meza
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I'm of the opinion that Gen. Flynn should not be punished twice for the same offense.
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MAJ Multifunctional Logistician
MAJ (Join to see)
4 d
Here you go per the Army Times: The Supreme Court decided last week not to review the case of a retired Marine who was court-martialed and convicted of sexual assault in 2015, upholding the Pentagon’s authority to prosecute retirees for crimes they commit even after leaving the service. Here is the link below......Happy Reading!!
https://www.militarytimes.com/news/your-military/2019/02/25/military-retirees-can-still-be-court-martialed-supreme-court-affirms/
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MAJ Multifunctional Logistician
MAJ (Join to see)
4 d
LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance) -
Here is another link for your reading where the Judge states that Flynn is by no means innocent of the charges.
https://www.businessinsider.com/federal-judge-dismisses-michael-flynn-case-trump-pardon-2020-12
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LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
LTC Joe Anderson (Taz or Joe Retired Now in Contract Compliance)
4 d
MAJ (Join to see) - Thanks for proving my points with both your post. The Marine was in the Retired Reserves and thus under UCMJ. He fell under Category 1. Had the Marine not been under Category I. He would have been exempt from UCMJ. Do your research.

LMAO!!!!! On your second point. Read the title to your own supported argument. I've already read and debated this article months before you posted it. In fact I used it as my supporting article in prior debates (just scroll up or down). This is why you're late. find something New. you wont!! Your Title: "Federal judge dismisses case against Michael Flynn after Trump pardoned him." Doesn't matter what he emphasizes... NO CONVICTION!!!! Judge Sullivan dismissed THE CASE not A CONVICTION. He emphasizes it doesn't make Flynn innocent in 42 pages of Rambling (Which I read) but he also emphasizes it doesn't acknowledge guilt (There was no conviction). Nice try but YOU'RE LATE, read your supporting articles.
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2LT Military Police
2LT (Join to see)
9 h
While I agree, legally you still can.
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