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Thread: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

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    New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    A new legal opinion from the Navy-Marine Corps Court of Criminal Appeals says court-martialing military retirees is unconstitutional -- and the reason concerns the issue of retirement pay.

    New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed | Military.com



    This is interesting.....

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    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by Bum View Post
    A new legal opinion from the Navy-Marine Corps Court of Criminal Appeals says court-martialing military retirees is unconstitutional -- and the reason concerns the issue of retirement pay.

    New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed | Military.com



    This is interesting.....
    Knowing that "military justice" is a major contradiction in terms this is going to be messy.

    On one hand he is forced to be in the reserves in order to collect his pension, that right there seems unconstitutional to me, he earned his pension through his years of service and should not to still be bound by the military.

    When he enlisted, and reenlisted multiple times, I'm willing to bet he did not reenlist for the remainder of his life...

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    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Begani had been communicating with someone who he believed to be a 15-year-old girl, but who was actually an undercover NCIS agent.




    If you leave the military, I don't see how they can court martial you.

    Seems like the civilian justice system would handle it.

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    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by swing_voter View Post
    Begani had been communicating with someone who he believed to be a 15-year-old girl, but who was actually an undercover NCIS agent.




    If you leave the military, I don't see how they can court martial you.

    Seems like the civilian justice system would handle it.
    By law, retiree's and veterans can be recalled up to age 65.

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    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by Bum View Post
    A new legal opinion from the Navy-Marine Corps Court of Criminal Appeals says court-martialing military retirees is unconstitutional -- and the reason concerns the issue of retirement pay.

    New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed | Military.com



    This is interesting.....
    A desperate argument from a desperate lecher ensnared in an underage sex sting ...
    "When fascism comes to America, it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

    The 10 Commandments of Logic - (Courtesy of Abbazorkzog Blog)

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    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by Bum View Post
    By law, retiree's and veterans can be recalled up to age 65.

    Everyone when they leave are technically in the reserves for a number of years depending on their MOS.

    Does that mean they are still under the authority of CMJ?

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    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by Chomsky View Post
    A desperate argument from a desperate lecher ensnared in an underage sex sting ...

    Possibly however I believe this should have been handed over to the civilian authorities.

    It is possible that the civilian authorities turned it dow.

    The code of military justice does not recognize entrapment in any form.

    There may or may not be a lot more to this story than meets the eye.

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    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by GDViking View Post
    Possibly however I believe this should have been handed over to the civilian authorities.

    It is possible that the civilian authorities turned it dow.

    The code of military justice does not recognize entrapment in any form.

    There may or may not be a lot more to this story than meets the eye.
    Yeah, but the crimes were committed during the soldier's time of duty.
    "When fascism comes to America, it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

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    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by Chomsky View Post
    Yeah, but the crimes were committed during the soldier's time of duty.
    Then they should be punished under the UCMJ. IMO.
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    Re: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

    Quote Originally Posted by Bum View Post
    By law, retiree's and veterans can be recalled up to age 65.
    No, and certainly not for the purpose of being court martialed.
    Quote Originally Posted by GDViking View Post
    Everyone when they leave are technically in the reserves for a number of years depending on their MOS.
    Does that mean they are still under the authority of CMJ?
    MOS/rating is irrelevant to obligated inactive reserve requirements. For Navy enlisted personnel, those who complete 20 (or longer) years transfer to the Fleet Reserve and are not considered retired until reaching the 30 year mark, when they are officially transferred to the retired list. Commissioned officers only require 20 years total service to be placed in the retired list. Although extremely unlikely to ever happen, all the above are technically subject to the UCMJ for as long as they receive pay.

    Quote Originally Posted by GDViking View Post
    The code of military justice does not recognize entrapment in any form.
    These types of “sting” operations are not entrapments and have been upheld by courts many times.

    Quote Originally Posted by Chomsky View Post
    Yeah, but the crimes were committed during the soldier's time of duty.
    The retired sailor was arrested for his crime after retiring.
    if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, we are unable to reach that judgment.

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