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Retired Generals who denounced Trump could be recalled to active duty and prosecuted

Posted on 6/12/20 at 12:02 pm
Posted by cajunangelle
Member since Oct 2012
146561 posts
Posted on 6/12/20 at 12:02 pm
quote:

Retired four-star military officers who lambasted President Trump could be recalled to active duty and prosecuted for violating the U.S. Code, military law experts told Just the News.

“Retired officers can't make contemptuous remarks of the commander-in-chief,” said John Dowd, a former Marine Corps Judge Advocate and former Trump legal advisor. “They’re all subject to recall. They’re subject to the Uniform Code of Military Justice until they die.”

The pertinent law is Title 10 of the U.S. Code, Section 888, the experts said.

“As part of the UCMJ, governing military law, you cannot use contemptuous words against certain officials, including the president,” one active duty Army Judge Advocate General Corps officer said. “That is a court-martial offense, and yes, you can be recalled to active duty to be court-martialed.”

The outspoken retired officers know they could be held to account, the JAG officer said.

“I don't know who the hell they think they are,” Dowd said. “It’s stunning to me. I guess the law doesn’t apply to them.”

The retired officers comprise some of the biggest marquee military names in recent times. They include former Defense Secretary Gen. James Mattis and former Special Operations Command chief Adm. William McRaven.
quote:

With increasing frequency over the past couple years, and in quick succession over the past week, they have leveled serious accusations against Trump, and have called for him to be removed from office.

In late 2019, McRaven published a New York Times op-ed titled "Our Republic Is Under Attack From the President," and later told CNN interviewer Jake Tapper that Trump is working to destroy the country.

On June 7, former Chairman of the Joint Chiefs of Staff Gen. Colin Powell — also speaking to CNN’s Tapper — said that Trump has “drifted away” from the U.S. Constitution. Elsewhere, Powell said Trump “lies all the time,” and called him a “menace.”

Retired Lt. Gen. John Allen,
who commanded U.S. forces in Afghanistan, said in an interview that the Constitution is under threat — not from violent anarchists, but from the president of the United States.

Retired Gen. Barry McCaffrey, who led U.S. Southern Command and served in Bill Clinton’s cabinet, denounced Trump as a threat to national security. Former Chairman of the Joint Chiefs, Adm. Mike Mullen — who in 2012 surrendered his computers to the FBI in the course of a cybersecurity investigation — accused Trump of giving succor to foreign detractors.

Last week, Mattis launched his own salvo.

LINK
John Dowd, a former Marine Corps Judge Advocate saying they know this..
quote:

The outspoken retired officers know they could be held to account, the JAG officer said.

“I don't know who the hell they think they are,” Dowd said. “It’s stunning to me. I guess the law doesn’t apply to them.”
Are they being blackmailed because they join the long list of people Obama spied on? Or is their greed speaking?
This post was edited on 6/12/20 at 12:03 pm
Posted by PickupAutist
Member since Sep 2018
3022 posts
Posted on 6/12/20 at 12:05 pm to
Greed. A bunch of opportunist flag rank jackwagons worried about trump ruining the fiefdoms for their kind.
Posted by Revelator
Member since Nov 2008
57841 posts
Posted on 6/12/20 at 12:06 pm to
quote:

Retired Generals who denounced Trump could be recalled to active duty and prosecuted


This is next on the docket right after retrieving Hillary’s emails
This post was edited on 6/12/20 at 12:07 pm
Posted by therick711
South
Member since Jan 2008
25059 posts
Posted on 6/12/20 at 12:08 pm to
They could be. This is basically a hypothetical piece. Not worth the Streisand Effect, and certainly the piece does not report a plan to do so.
This post was edited on 6/12/20 at 12:11 pm
Posted by NYNolaguy1
Member since May 2011
20870 posts
Posted on 6/12/20 at 12:11 pm to
Yes, it's a part of the UCMJ, but is the juice worth that squeeze?

Not that the media does any favors for Trump already but that's made for tv drama: "Trump court martials decorated generals for criticizing Trump's protest response"
Posted by keakar
Member since Jan 2017
29896 posts
Posted on 6/12/20 at 12:11 pm to
do it, if for no other reason then to give them a DD and strip them of all benefits
Posted by The1TrueTiger
Colorado Springs, Colorado
Member since Apr 2009
1980 posts
Posted on 6/12/20 at 12:13 pm to
quote:

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.


This reads to me as active duty cannot speak out, not retired or inactive officers.
Posted by hawkeye007
Member since Feb 2010
5844 posts
Posted on 6/12/20 at 12:14 pm to
Yes recall and punish retired generals for speaking out against trump sounds like a great idea. Really who comes up with these dumb arse articles about things that will never happen.
Posted by OleWar
Troy H. Middleton Library
Member since Mar 2008
5828 posts
Posted on 6/12/20 at 12:16 pm to
quote:

Or is their greed speaking?


Mostly greed. Where are they all now "working"?
Posted by ArmyHogs
Your mom's house
Member since Feb 2012
9249 posts
Posted on 6/12/20 at 12:29 pm to
That would be stupid and ridiculous
Posted by ArmyHogs
Your mom's house
Member since Feb 2012
9249 posts
Posted on 6/12/20 at 12:31 pm to
quote:

do it, if for no other reason then to give them a DD and strip them of all benefits


Strip them of over 40 years of military service for disagreeing with Trump? Wow.
Posted by The1TrueTiger
Colorado Springs, Colorado
Member since Apr 2009
1980 posts
Posted on 6/12/20 at 12:32 pm to
Freedom of speech is a right given to every anerican citizen, so I'm to belive that somenone who gives years of their life to serving this country, then retires and is now essentually an average american citizen, dosen't have the same rights?

here is the first amendment,for thoes who don't remember

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Posted by cajunangelle
Member since Oct 2012
146561 posts
Posted on 6/12/20 at 12:35 pm to
quote:

This is next on the docket right after retrieving Hillary’s emails
I think Dowd was giving them a warning shot across the bow to: the retirees and the current JCS. He knows what they are about you can tell from his letter to Mattis. I also think Trump would do it-if they don't stop.
Posted by LSURulzSEC
Lake Charles via Oakdale
Member since Aug 2004
77292 posts
Posted on 6/12/20 at 12:36 pm to
It should be done...make an example out of them...
Posted by cajunangelle
Member since Oct 2012
146561 posts
Posted on 6/12/20 at 12:39 pm to
Go on, and tell us about what was done to Flynn.
Posted by BarberitosDawg
Lee County Florida across causeway
Member since Oct 2013
9914 posts
Posted on 6/12/20 at 12:40 pm to
It would be highly unusual for a general officer to be recalled and prosecuted but, it's highly unusual for one of them to be critical of senior grade politicians much less the POTUS.

MacArthur did but he was the Republican candidate against Rosevelt at that time. He questioned Truman during Korea and got bounced but he was right on that one too.
Posted by The1TrueTiger
Colorado Springs, Colorado
Member since Apr 2009
1980 posts
Posted on 6/12/20 at 12:43 pm to
quote:

It should be done...make an example out of them...


But the law says that you can't, I guess the law be dammed is how you see it..right I wonder what our "law and order" President thinks
Posted by hottub
Member since Dec 2012
3325 posts
Posted on 6/12/20 at 12:43 pm to
The first amendment has restrictions especially for military personnel.

For the subject at hand, there are 2 ways to retire from the military. First, you can resign your commission and receive your pension, never receive COLA, but not able to be recalled.
Second way and most used way, you retire and enter the IRR, receive your pension, but able to be recalled.

Either way, these flag officers will never be called back to AD for a court martial.
Posted by gumpinmizzou
Member since May 2017
2785 posts
Posted on 6/12/20 at 12:45 pm to
I mean, yeah, they could. But, Trump already has an image problem of being petty and vindictive, so this would be a really dumb play.
Posted by OleWar
Troy H. Middleton Library
Member since Mar 2008
5828 posts
Posted on 6/12/20 at 12:47 pm to
quote:

then retires and is now essentually an average american citizen,


I don't think the retirees should be prohibited from voicing their opinion.

But you should critically think about where their loyalties are and how much they are linked financially and socially with either the left, the military industrial complex, or the Swamp in general.
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