Posted on Jan 30, 2020
Military Retirees Can Be Court-Martialed After All, Appeals Court Decides
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Posted 5 y ago
Responses: 8
They have gone back and forth on this many times. It really depends on the crime. Some things are not crimes in the civilian world. Also when the crime was committed and against whom.
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Col Joseph Lenertz
Yes, exactly. Lots of legal precedent going both ways. Here's the opposite ruling from just 7 months ago:
https://www.military.com/daily-news/2019/08/09/new-bombshell-legal-opinion-says-military-retirees-cant-be-court-martialed.html
https://www.military.com/daily-news/2019/08/09/new-bombshell-legal-opinion-says-military-retirees-cant-be-court-martialed.html
New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed
An opinion from the Navy-Marine Corps Court of Criminal Appeals says court-martialing military retirees is unconstitutional.
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Yep...and rightfully so IMHO. There was a commanding general years ago that was in charge of a sustainment base and he allowed and directed his team to just go bury waste and cover it. Years later kids were playing on a playground and this stuff was coming up from the ground. It was nasty chemical waste...they had to tear down several homes, evacuate the area, do a clean removal and fill and some of the kids and families got real sick for years. they brought him back on active duty and tried him and he was convicted and fined millions of dollars and did a little jail time. If yo do a crime them yo should be held liable especially if you purposefully and knowingly directed folks to do it.
Maj Marty Hogan Lt Col Charlie Brown 1stSgt Glenn Brackin
Cpl Craig Morton SGT David A. 'Cowboy' Groth COL Mikel J. Burroughs
LTC Stephen C. CPL Dave Hoover PO3 Bob McCord
Lt Col John (Jack) Christensen Sgt Wayne Wood PVT James Strait
SFC Jack Champion MSgt David Hoffman MSgt Stephen Council
SGT Elizabeth Scheck PO1 H Gene Lawrence 1SG Steven Imerman SGT Steve McFarland SSgt Terry P.
Maj Marty Hogan Lt Col Charlie Brown 1stSgt Glenn Brackin
Cpl Craig Morton SGT David A. 'Cowboy' Groth COL Mikel J. Burroughs
LTC Stephen C. CPL Dave Hoover PO3 Bob McCord
Lt Col John (Jack) Christensen Sgt Wayne Wood PVT James Strait
SFC Jack Champion MSgt David Hoffman MSgt Stephen Council
SGT Elizabeth Scheck PO1 H Gene Lawrence 1SG Steven Imerman SGT Steve McFarland SSgt Terry P.
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Lt Col John (Jack) Christensen
Hmm, I was never that bad but there was a Turkish base commander and chocolate/cigarettes incident in my past.
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Lt Col Scott Shuttleworth
Lt Col John (Jack) Christensen hey now...what's in the past stays in the past...LOL
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The thing I hate about this is that they are using a very extreme case to make the point. If we were discussing something relatively trivial...like insubordination, or the unauthorized sharing of information (as opposed to criminal sexual behavior), the conversation would have a different tone. Ultimately, it sounds like it's all about the money (as per usual).
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