At least 25 troops under investigation for terrorism in connection with Capitol riot

[COL Mustard]

Source: USA Today

Link: https://www.msn.com/en-us/news/us/at-least-25-troops-under-investigation-for-terrorism-in-connection-with-capitol-riot/ar-BB1cDuiO

Excerpt:

WASHINGTON – At least 25 troops are under investigation for terrorism related to Wednesday's siege at the Capitol, according to a Defense official and a member of Congress.

Rep. Jason Crow, a Democrat of Colorado and a former Army Ranger, said he spoke with Army Secretary Ryan McCarthy on Sunday and was told that "at least 25 domestic terrorism cases have been opened as a result of the assault on the Capitol.

[iemitsu]

1. Free Reality Winner

[rzemanfl]

2. +1 n/t.

[Generic Other]

3. What do you suppose will happen to them?

Seems like they would be dealt with more severely.

10 U.S. Code § 894 - Art. 94. Mutiny or sedition

(a)Any person subject to this chapter who—
(1)with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
(2)with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(3)fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b)A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.

https://www.law.cornell.edu/uscode/text/10/894

[DeminPennswoods]

4. Presuming they're active duty, they'd be tried under the UCMJ,

not civilian law, but I believe they could get the death penalty.

https://www.thebalancecareers.com/punitive-articles-of-the-ucmj-3356831

[COL Mustard]

8. I'm A Retired LTC

Working for DoD as a civilian, and these people should get the maximum penalty that’s allowed.

[DeminPennswoods]

9. No argument from me

also retired DoD civil service, but never military.

[TomSlick]

12. I'm a retired Army JAG Colonel.

Any active duty personnel that can be shown to have been in the capitol with the insurrectionists should be charged under the UCMJ for conspiracy to insurrection, murder, etc. I would hope the a court-martial would result in a long tour at the U.S. Disciplinary Barracks, e.g., the military prison at Fort Leavenworth.

[COL Mustard]

15. If There Any Active Duty Or Current Reserve Personnel Who Took Part In This

There is a whole world of hurt coming their way.

[TomSlick]

16. I agree about any active duty personnel.

I am less clear about reservists. I do not think there is court-martial jurisdiction over any reservists unless they were "in status" at the time. Nevertheless, I think any reservists involved should be administratively separated.

[COL Mustard]

17. Reservists Generally Aren't Subject to UCMJ (I Was One For A Long Time)

But it can get iffy. If you're in the IRR you're probably okay, but if you're in a drill unit you might lose your drill position.

[TomSlick]

18. I agree that Reservists should lose their position. In fact they should be completely discharged.

I see no reason that IRR soldiers should be any different.

My only question is whether any Reservist not "in status" can be court-martialed. Unless the law has changed since I retired, Reservist can be court-martialed only for criminal acts while in some form of active or inactive duty, e.g. annual training (AT), active duty for training (ADT) active Guard or Reserve (AGR), active duty for special work (ADSW), or inactive duty training (IDT)(i.e. weekend drill).

A Reservist can be administratively discharged for criminal conduct while not in status but cannot be court-martialed. For example, if a Reservist tests "hot" in a urinalysis during weekend drill, s/he cannot be court-martialed for drug use but can (and, in my long ago experience, generally will) be administratively discharged - usually with "bad paper."

[COL Mustard]

19. I Agree, I Don't Think They Can Be Court-Martialed Unless On Active Duty

I'm not 100% sure about IDT, but will defer to your expertise on that. I do know they can be administratively separated, and that's often a better solution.

[TomSlick]

21. Jurisdiction over Reservists in IDT status is clear under UCMJ Art. 2, Section (a)(3).

The section has been amended since my day to include time traveling to IDT and to clarify that it includes the time between consecutive days of IDT, e.g. Saturday night.

[COL Mustard]

22. I Did Not Realize That

When I was first in USAR, we were specifically told UCMJ didn't apply. Thanks for the clarification!

[triron]

6. Wow! Maybe next time some will think twice.

[lindysalsagal]

5. I hope this is being run by serious people

And that it won't just become a massive coverup.

[MustLoveBeagles]

7. K&R

[ProfessorGAC]

10. Does This Suggest A Screening Issue?

Never been military, so it's a question not a statement. I know nothing about how they screen now.
Isn't this the kind of thing that should disqualify from joining in the first place?
25 seems like a lot, because hundreds of thousands of active duty people would have had no chance to be there on the 6th. People stationed all over the world and all.

[BusyBeingBest]

13. They're often hurting for new recruits, mostly because

today's young people either aren't interested (college bound) or too fat/out of shape/on psych meds etc. to be accepted into basic, from what I understand.

[JonLP24]

14. From what I recall

There is a criminal record check. Often for minor crimes you can get a waiver. This was especially true during the Iraq war. I had to take the ASVAB and pass it. There was a physical screening. I think while I was in the beginning there was a mental evaluation but I don't remember much about it.

This was the screening process when I joined.

[mackdaddy]

11. There were early reports of Police and Military "flashing their IDs" to get past the Cap Police

I hope they get them all.

[pecosbob]

20. I'm still supicious of this statement coming from a Trump appointee

It smelled of Cover Your Ass. Secretary McCarty was responsible for massive para-military response to BLM protesters in DC. He was a prime factor in the police stand-down in prior to the insurrection. His department twice denied riot gear and ammunition to Capitol Police. In my view he was an crucial part of the insurrection.