Congressman calls for service members, veterans who stormed the Capitol to be stripped of benefits

[AZProgressive]

WASHINGTON — Rep. Ruben Gallego, a Marine Corps combat veteran, is calling on Department of Veterans Affairs Secretary Denis McDonough and other top officials to strip benefits from active-duty service members, veterans and military retirees who took part in the deadly siege of the Capitol.

“Many of the veterans and service members who attacked their own government actively and enthusiastically enjoy special benefits given to them by their fellow citizens,” Gallego, D-Ariz., wrote to McDonough in a letter dated March 18.

“This situation is unjust. Any veteran or service member who stormed the Capitol on Jan. 6 forfeited their moral entitlement to privileged benefits at the expense of the people of the United States,” wrote Gallego, a member of the House Armed Services Committee.

Benefits afforded by the VA include disability compensation, educational benefits, access to health care, employment opportunities and access to veteran-affiliated state programs.

https://www.stripes.com/news/us/congressman-calls-for-service-members-veterans-who-stormed-the-capitol-to-be-stripped-of-benefits-1.666505

[SheltieLover]

1. Absofuckingloutely!

[sheshe2]

6. +111111111111111111111111111

[SheltieLover]

8. Hi She!

I thought this would already be in process!

[sheshe2]

13. Hey Sheltie.

It should be.

[SheltieLover]

16. Yup, with full prosecutions to the max!

[sheshe2]

20. Yes.

They swore an oath.

[div class="excerpt"Everyone who joins the military has one thing in common, they must swear-in by repeating the enlisted or officer oath.

The Oath of Enlistment (for enlisted):
"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."


The Oath of Office (for officers):
"I, _____ (SSAN), having been appointed an officer in the _____ (Military Branch) of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God."

Before you raise your right hand, make sure you understand what you are swearing or attesting to. The oath of enlistment should not be taken lightly. You will be bound by it for the next 4-6 years at a minimum.
https://www.military.com/join-armed-forces/swearing-in-for-military-service.html

[SheltieLover]

28. Indeed!

And they used military training to attempt to overthrow our govt., assassinate leaders, & overthrow election!

[jimfields33]

27. They already will if they get a felony.

Or if on active duty a low discharge.

[Tommymac]

82. Not necessarily true.

A relative served 2 years on a felony conviction, and the only real benefit that I know he lost was a free burial in a Military Cemetery.

He still is an active VA patient and receives full disability for medical conditions from Agent Orange exposure in Vietnam.

[jimfields33]

85. Interesting. I guess it's not cut and dry.

I always thought it was. Love DU for this.

[FoxNewsSucks]

2. He's absolutely right

[AllaN01Bear]

3. addition to that : recalled and put on trial , stripped of rank and bennies .

thence gitmo.

[SheltieLover]

9. This!👆

Absolutely!

[sheshe2]

26. If I may add.

The 'resident of the United States needs be stripped as well. He took an oath of office to defend our Constitution. He failed.

[SheltieLover]

29. Yes!

[Walleye]

4. Yes! Any poor soul who gets caught smoking pot in the army gets tossed out and loses everything

[madaboutharry]

5. That is exactly what should happen.

[lpbk2713]

7. Sounds reasonable to me.

Their actions should have consequences.

[Faux pas]

10. Kickin' with gusto!

[sheshe2]

11. Yes.

Correct.

You can't serve your country and at the same time try to overthrow it.

[Ananda62]

12. Yes!

They indeed forfeited any veteran benefit by their treasonous actions.

[Hekate]

14. Thank you for your -- continuing -- service, Rep. Gallego

[2naSalit]

15. At the very least.

[kimbutgar]

17. I said this two months ago

They are traitors to our constitution. They tried to overthrow our government for a Russian installed asset and fell for the propaganda.

No Va benefits or pensions, strip them of medals. Send them to gitmo like the terrorists they are. No boats to and from let them fend for themselves.

[SheltieLover]

30. This!👆

Absolutely!

[ashredux]

18. Any "lifers" should lose their pensions ...they are traitors

[magicarpet]

86. Pensions to,... yes....

If you can not honor your oath to protect America,... America can not honor a promise made to help and protect you.

You are a traitorous fascist but not a patriot in good standing anymore.

[Leghorn21]

19. Sir, yes, SIR

[PrinceHakeem]

21. I prefer they be recalled and handled in the military court system. But stripping them of

Benefits makes me uncomfortable.

[AZProgressive]

22. If you commit a felony your benefits can be reduced

I have a 100% service connected disability so I stay out of trouble.

[PrinceHakeem]

23. Reduced, but completely taken away? Especially if you saw battle... I just don't

Know of that's right.

[Phoenix61]

25. I don't think it is. nt

[Enter stage left]

33. If they were wounded in combat...

I'd allow them VA doctors and hospitalization, no other benefits.

[niyad]

64. Those people are TRAITORS to the oaths they swore. What do you think should happen to

them, these violent, insurrectionist oathbreakers?

[AZ8theist]

88. They should enlist in the Russian army.

That's who they prefer, anyway...Let Putin supply the bennies...

[niyad]

62. Welcome to our DU family.

[Phoenix61]

24. I get why this feels like the right thing to do but

Those are benefits they earned for past behavior. If they are recalled and court martialed that’s a different story. I get why that seems reasonable but if a veteran is convicted of a crime and goes to prison their retirement resumes when they are released.

[Irish_Dem]

47. Yes but this is different. We are talking about sedition and treason.

[Phoenix61]

51. The law doesn't change based on our feelings.

If they are charged and convicted of those charges there are already procedures in place to address that situation. Their benefit package is part of a contract the individual and the US government entered into. Neither party gets to change the terms due to the others behavior. A recession doesn’t give the government the right to cut benefits because it doesn’t have the money it thought it would.

[Irish_Dem]

63. I beg to differ, laws are changed based upon popular sentiment all the time.

If you look at the way legislatures change law.

[Phoenix61]

68. Exactly, they are changed through legislation.

That might be driven by feelings but there is a legal process to change laws. He’s not asking to change the law. He’s asking to break a contract because he doesn’t like the way the other side acted. There is already a pro expedite in place for this. If this happens every single person it impacts will file suit and win.

[Ligyron]

75. I entered into service with the understanding I'd have schooling paid for, i.e., the G.I. Bill.

3 years after I got out and was actively using those benefits I was promised, they were abruptly terminated by Congress.

[treestar]

72. Yes, why do people want more than just the usual criminal penalties?

The law has penalties, why think of things to add to them, especially where they won't apply to others? If they want to take the benefits of these defendants away, other defendants who committed the same crime don't have that penalty. Why be unjust?

[Shanti Shanti Shanti]

31. Charges alone wont do it, if you spend more than 60 days in jail or prison it could affect benefits

Felony or misdemeanor, it doesnt matter if you get convicted with jailtime, starting day 61

[msfiddlestix]

32. I hope we hear more about this effort

[KewlKat]

34. The veteran household couldn't agree more.

[soldierant]

36. Standing ovation from this veteran.

I do grasp that veterans who did not retire are civilians. But active duty, and retirees who can be called back, need to experiences consequence for violating their oath in addition to consequences for breaking civilian law.

[UTUSN]

35. K&R for the sentiment, but veterans are civilians, not active duty military. Civilians possess

rights of civil liberties that are restricted during active duty. The distinction is violated constantly by veterans wearing their medals and uniform paraphernalia endorsing political candidates - like when Medal of Honor holders stood with their medals on George W. Shrub's stage during Coup 2000.

What these insurgents did were criminal acts that are chargeable under non-military statutes. Posters above have specified that convicted felonies result in lost VA benefits, which is the route for that part to go. If some of them were impersonating military or law enforcement status, there are laws for that.

Needless to say, I am not a lawyer, yet have been irked for years at how many high ranking office holders (and a president or two) who lack basic, high school level education in civics - this despite the culprits having enormous resources and supposedly being credentialed by prestigious schools.

[usaf-vet]

37. Absolutely.... but any congress member proven to have been involved should get no less.....

..... for those who knew ahead of time what was coming. Especially, those, they should also lose ALL benefits. From 1 term members to multiple terms into their 80s. All benefits GONE.

When you make comments that they feared nothing BUT if BLM were the invaders then that would be different. Or those communicating in realtime to the "rioters" outside. Or running tours during the preceding days. Tours of the space all its nooks and crannies.

[Lucinda]

38. ...

[Baked Potato]

39. Start with T***p.

[Liberty Belle]

40. But this could hurt innocent family members, such as long-term-care benefits for widows,

and so forth.

Punish the perpetrators, not the families.

[North Shore Chicago]

45. +1

You saved me a post. Women always get the shaft.....

[nitpicker]

84. +100

Think, for example, of the GI bill benefits transferred to family members.

As well as eligibility for family member health care, PX and commissary benefits, etc.

[SunSeeker]

41. If active duty, they should be court martialed. nt

[Solly Mack]

42. They should be.

But I also think those who stormed the Capitol should be stripped of their citizenship. Once you foment insurrection, you're a traitor.

Give them Permanent Resident status instead.

One of the responsibilities of those with Green Card status is "Expected to support the democratic form of government."

If they can show an active and evidenced willingness of that support for 10 years, they can have their citizenship restored. Support they must continue from that point on or go back to Green Card status for the remainder of their life.

And there needs to be random checks at least 4 times a year to check on how and if they are supporting the democratic form of government.

They still have to pay taxes but they won't be able to vote with Permanent Resident status. They can work, but some jobs they won't be able to hold for national security reasons.

But that's just me and I'm still very much pissed at these violent pieces of shit.

[druidity33]

43. Can that actually be done?

What is the process for revoking citizenship? For the curious...

[Solly Mack]

56. I don't think it can be done.

I was just venting.

[Kaleva]

44. VA follows the law as to who gets and loses benefits. Congress would have to change the laws.

some info on the current rules:

"A Jail or Prison Sentence Longer than 60 Days May Affect Your Benefits
A conviction for a serious crime will affect your disability compensation and military retirement pay differently. Only felony convictions resulting in imprisonment of more than 60 days will affect your disability compensation. If you are in a work release program, a halfway house, or under community control, your disability compensation will not be affected because this is not considered incarceration.

If your conviction triggers military disability compensation penalties, you will not lose the benefits altogether. Instead, they will be reduced by half. If your disability rating is 40%, for example, you will continue to receive the same benefits that you would if your disability rating was 20%. If you are able to prove that your children and spouse’s well being will suffer from this decreased compensation, you can request that the amount of reduced compensation be apportioned directly to your family.

Your veterans pension will terminate on day 61 of your incarceration–regardless of whether you are serving time for a misdemeanor or a felony. Upon your release, you may continue to receive your pension if you still meet the eligibility criteria. If you fail to notify the VA about your incarceration, you may be liable to pay them back for the pension payments they made to you while you were behind bars once they find out about your incarceration."

https://www.veteransbenefits.com/news/can-i-lose-my-veterans-benefits-if-i-get-charged-with-a-crime

[Owl]

46. Absolutely right.

[beemerphill]

48. Yes

This is one of the very few cases where stripping benefits from a Veteran is not only justified but appropriate. I say this as an Army retiree who is rated at 100% P&T. I have been medically retired for 50 years and this is one of the few times that I thought some Veterans should lose what they earned from their military service. Losing these benefits is not something that should be taken lightly. The Veterans who brought dishonor on themselves by their actions that day should not receive any benefits from the Government that they tried to overthrow.

[Grins]

49. NOT ENOUGH!!!!!!!!

That’s the wrong agency. The VA cannot do that.

Much better:

Bring them back on active duty and court martial them! The penalty is losing ALL those benefits, plus get themselves a spiffy dishonorable discharge! That will follow them into the grave.

[marble falls]

50. I get it. But as a liberal, borderline anarchist Vet, it's a bad idea.

[sarge43]

55. Why?

Agree with you concerning discharged veterans. They're civilians and subject to civil law.
However, any of them subject to the UCMJ, Article 2 can be charged with violation of Article 94, mutiny or sedition which includes insurrection.

[marble falls]

61. Active duty personel is a whole different thing. When you and I enlisted we signed away ...

... certain rights and accepted being under the UCMJ. Any active duty personnel were there in violation of the rules and regulations they accepted, and as you and I know, military justice is tough and simple. Loss of benefits is OK with me for those guys.

[Hotler]

52. Hell yes. nt

[sarge43]

53. This retired Zoomer stands with you, sir.

Active duty and retirees should be court martialed.

[Handler]

54. This old AF K9 handler agrees wholeheartedly

[niyad]

67. Welcome to our DU family.

[NHvet]

57. My two cents for what it is worth.....

Strip them of everything... retirement, disability, VA loan, education benefits, medical, burial, change their discharge status to BCD. Leave them with nothing......

USMC '76-81 / USAF '82-86

[we can do it]

58. Needs to apply to police as well.

[Rebl2]

59. Absolutely!

If they were honorably discharged, that should be changed to dishonorably discharged.

[Martin68]

60. The same should be done to every Congress person who supported the insurrection in any way,

shape or form.

[malaise]

65. THIS

Pensions should be stripped for retired cops and firemen as well

[liberalla]

66. I love this suggestion! I especially love how it will really hurt these people and be a huge

deterrent to this type of activity... discouraging others from even considering it.


Loss of benefits is a BIG deal.

[Swede]

69. Now that is a good plan.

It will also discourage their minions.

[llashram]

70. this

[Handler]

71. Forward this idea to our Reps.

I have done so but in my state I don’t see it doing much good.

[pecosbob]

73. Active duty and reserve insurrectionists should already be in Leavenworth.

As should any LEO nationwide in my opinion.

Pensions should definitely be terminated for the duration of any incarceration but that's already specified. Fines and restitution notwithstanding, pensions should be reinstated after release. Beyond that is not justified in my view, and I doubt this would hold up under judicial review in any case.

While we're on the subject, how much restitution should the insurrectionists face? Release and parole plans hinge heavily upon repayment of fines and restitution. Seems to me they did a several million in damages for starters...spread out over some some 300+ indictees that's a lot of money.

[demtenjeep]

74. actions have consequences

Social Studies Standard #1

[Evolve Dammit]

76. Until actions have consequences this shit will continue. This is a good idea.

[former9thward]

77. The Constitution does not allow that.

Benefits are a contract. The Constitution doesn't allow contracts to be changed by the government retroactively. I am surprised a congressman does not know that.

[mahatmakanejeeves]

78. I do not think that the details of a veteran's retirement benefits should be changed ex post facto.

I do not, though, think that this is a matter of Constitutional law. I believe it instead to be a matter of contract law.

A deal's a deal. What was in effect when the new enlistee or officer to be signed up is what is in effect. The government cannot go back years later and say "we changed our mind."

Also, I am not surprised that a member of congress is confused on the law. I take it as par for the course.

Sadly, I am similarly not surprised at how many DUers don't get it either.

Thanks for writing.

[ToxMarz]

79. Not only because they absolutely deserve this

but there are many who were there that probably won't be caught and others that weren't there but support the insurrection. These people need to know the consequences are severe because they are still a risk going forward.

[Cha]

80. They should be they're

traitors.

[CanonRay]

81. Sure hope this includes Michael Flynn

The archtraitor

[Calista241]

83. I disagree with this. If you want to charge them with a crime, then charge and convict them.

But stripping anyone of their healthcare benefits sounds like a very Republican idea.

[BobTheSubgenius]

87. Any government employee should be, in my opinion.