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Lt Col Charlie Brown
8
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This had better be an empty threat.
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SGT Brad Baier
SGT Brad Baier
>1 y
I still remember a part of my oath as a soldier. I will defend this nation from threats both foreign and domestic. I believe we are at a greater threat from radical politicians than any foreign nations right now. Politicians are destroying this great country one loophole at a time. It's time for term limits in Congress and these fools need to be investigated on just how they became millionaires on a government salary. Has anyone done an audit on just how much money is budgeted to each senator and representative each year for their staff and rent of their office space. I've heard numbers, but I'm not sure of where to look it up. I've heard some of the higher ranking members of Congress get a 5 to 7 million dollar budget each year. Is this true?
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Maj John Bell
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I submit that statement's like these, plus Representative Swalwell's threat to use nukes on the population to enforce gun control prove the point that the population must remain armed in order to save ourselves from the tyranny of those that would protect us.
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TSgt George Rodriguez
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UCMJ Allows for the military to disobey a direct order if its against the law as Virginia's demands going against the constitutional rights of her people.
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Capt Gregory Prickett
Capt Gregory Prickett
>1 y
The UCMJ doesn't apply to the Guard while in State status.
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SSG Robert Webster
SSG Robert Webster
>1 y
Our resident 'practicing attorney' spouting off again on something that he has not apparently properly researched (at least in this specific case), to wit:
Code of Virginia
Table of Contents » Title 44. Military and Emergency Laws » Chapter 1. Military Laws of Virginia » Article 3. National Guard in General » § 44-40. Discipline and training
§ 44-40. Discipline and training.
The discipline and training of the Virginia National Guard shall conform to that of the Armed Forces of the United States, and to that end, the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice as now existing or subsequently amended, is hereby incorporated as a part of the military laws of Virginia except where in conflict with other provisions of this chapter. Officers and soldiers of the National Guard shall have such powers in the performance of their duty under this title as officers and soldiers of the active armed services have in the performance of like duty under the Uniform Code of Military Justice and Manual for Courts-Martial, United States. However, should a person commit an offense punishable under the criminal laws of Virginia, then prosecution under the criminal laws shall bar prosecution under this chapter. The Adjutant General shall by regulation adapt to state usage the provisions and terminology of the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice.
1930, p. 955; Michie Code 1942, § 2673(30); 1958, c. 393; 1976, c. 399; 1984, c. 7; 1987, c. 32.
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SFC James (Jim) R Brown
SFC James (Jim) R Brown
>1 y
Capt Gregory Prickett - The governor can call the guard to state active duty for state emergencies. The Feds can immediately Federalize and the governor loses all control. This would be a "motion in futility" for the governor of any state.
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Capt Gregory Prickett
Capt Gregory Prickett
>1 y
For Robert Webster, the UCMJ, on its face, does not apply to the Virginia National Guard, see 10 USC § 802(d)(2)(b). The fact that Virginia adopted the UCMJ as its own code does not make the Virginia National Guardsman subject to the UCMJ, as the State has no authority to change Federal law. It's technically a state code, created by adopting the UCMJ as their own. Nice try Bobby.

Second, you didn't research far enough. Under Virginia law, there are no general courts, only summary and special courts-martial. Had you gone on to Art. 4 of Title 44, you would have seen that.
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