Can the Pentagon prosecute military retirees under the UCMJ? Maybe — it depends.

Scary thought but here it is. Senator Duckworth is looking to silence persons who have served this nation but don't agree with her ideology or view. Think about this, words like purge (her words) indicates a willingness to silence opposition. Like I said a scary thought.

My humble opinion - if the offense is not directly related to some form of official capacity to the respective branch, then the UCMJ does not apply. A retiree does not act in the official capacity of the military, they have no authority, and other active duty servicemembers are not subject to their orders or commands. for all intents and purposes, they are private citizens.

I would be very surprised and shocked if the military recalls any of these protestors to face UCMJ. The charges many are facing are just not significant enough to justify recalling them, and giving them all the benefits of their rank until they are found guilty. These retiree's would have to be given full pay, BAH, BAS, and other benefits determined by their needs. The cost of it far outweighs the sentence of convicting them, better to let the civilian courts deal with it.

Yes but only if they associate themselves with their retirement...for instance, in the raid last.week if in an interview a person said my name is Lt Col humpdinuts retired, Usaf and continued to go in then he has associated himself with the AF and it is assumed everything he says is the AF speaking....now if he goes and says I am me Humpdinuts they can prosecute him as a civilian but not as a mil member...that is the way I understand it.