Bannon and Flynn are both former military officers

[Cheezoholic]

Not grunts per se, fucking officers in the US military. Regardless of rank, as members of the officer core of the US military they both need to be prosecuted within the military. There are numerous enlisted individuals prosecuted all the time within the military who are sentenced to years in military prison under military law. These two continue to violate military law openly, they continue to violate their oaths as officers of the US military. Military law is not the same as the law you and I are used too. They should be, must be prosecuted under military law for sedition against not just the Constitution but against the offices of the executive and legislative branches of our government. Letting these fucks get away with this shit is so fucking dangerous. It opens the doors to potential seditionists in the military that they can use their positions to back a political coup without any repercussions. These fuckers must be prosecuted period.

[qazplm135]

1. retired JAG here

the number of folks prosecuted after military retirement is probably less than one a year at least in the Army.

I know, because I actually prosecuted two of them in my time in the Army, one officer, one enlisted, and I was one of the very few to do it.

First, it's a long, complicated process. You have to get permission to recall them to active duty (if you want to put them in prison, otherwise, all you can do is convict them with no imprisonment).

Second, you have to overcome the presumption that we don't recall anyone for court-martial unless it's the most serious of crimes.

The two I recalled? Sexual child abuse crimes. Rape, murder, sexual child abuse, that's almost exclusively what we are talking about.

Third, it's almost exclusively done with crimes that occurred while on active duty that weren't caught. Both true in my cases.

This is because there's a civilian system in place for handling crimes committed while retired and effectively a civilian.

Fourth, sedition is not a crime easily proven BRD. It's not going to be any easier just because it's a court-martial, in fact, I'd argue it might be even harder. And if you try them with a court-martial, you bar future federal prosecution due to double jeopardy with the same sovereign.

[Skittles]

2. worthy of its own thread

valuable input into the Flynn discussion, yes indeed

[BigmanPigman]

4. What does BRD mean?

[CANADIANBEAVER69]

8. beyond a reasonable doubt

[SickOfTheOnePct]

5. The one that comes to my mind

Is the Army sergeant that was brought back from retirement to be court martialed for a triple murder (mother & two little girls) he was accused of committing 20+ earlier, when he was still active duty. He had been convicted in state court at the time, got a re-trial, was acquitted, finished his Army career, and retired. When DNA technology came about, his DNA was in the swabs taken from the mother (who was raped), so the Army brought him back and he was court martialed. Last I heard he was still on death row at Leavenworth.

[qazplm135]

10. yes

I've actually been lead counsel on a separate death penalty appeal (spoiler it didn't work, he's still on death row).

But I believe at the time I left there were only 4-5 people on death row, and I'd had some involvement with two of them (not him) and a third that got commuted to life without parole.

I believe only Gray has a signed presidential order though, and that was back in 2008 and he is still in the lower levels of federal appellate court now.

[OneGrassRoot]

7. Very helpful. Thanks very much. n/t

[Bucky]

3. Bannon was Navy? #SMDH

He really doesn't strike me as someone who has embraced the benefits of military discipline in his life.

[Dorian Gray]

6. Yes

I thought I knew a lot about the MAGA weirdos, but I never knew Bannon was in the military. Definitely doesn't strike me as the military type. But a quick search online shows that he was. Weird!

[Midnight Writer]

9. He does strike me as a fan of Rum, Sodomy and The Lash. Old School Navy.