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Joinfortmill

(20,937 posts)
Fri Dec 24, 2021, 01:11 PM Dec 2021

The long answer to What To Do About Lt. General Michael Flynn. (retired)....

https://www.justsecurity.org/76874/what-to-do-about-lt-general-retired-flynn-military-justice-and-civil-military-relations-considerations/

This is a long, but thorough analysis of the legal conundrum of retired Lt. General Michael Flynn.

"While Flynn could certainly be held accountable for some of his actions in a civilian Article III court, the choice of military court venue uniquely addresses the needs of the force to maintain good order and discipline and for leaders’ accountability for violations of uniquely military offenses.

"If there is a decision to pursue a court-martial in this case, it should not be hindered by the false concept that the legal foundations of retiree jurisdiction are unsound. Those legal foundations are still firm. The lack of recent retiree recall cases underscores that in many situations such jurisdiction is unnecessary and should calm fear that this prosecutorial tactic will be wielded haphazardly. Seditious speech calling for the disruption of the nation’s civilian leadership through military force must be taken seriously – that’s why it is a crime under both “regular” federal law and the UCMJ. Such speech from a civilian is deleterious to the national security; however, when the remarks come from a retired general officer they are especially corrosive to that which sustains a credible, effective, and trustworthy fighting force – and to the maintenance of a military subordinate to legitimate civilian political authority regardless of partisanship or policy."

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TheBlackAdder

(29,981 posts)
1. If this were the 1980s Ronald Reagan and the rest of the Republicans would know what to do with him.
Fri Dec 24, 2021, 01:13 PM
Dec 2021

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brooklynite

(96,882 posts)
7. Because he's a civilian, and we have civilian Courts
Fri Dec 24, 2021, 04:17 PM
Dec 2021

…the fact that he can be recalled to service is irrelevant.

Evolve Dammit

(21,734 posts)
9. doesn't he receive a military pension and subject to military law? No civilian court cases pending
Fri Dec 24, 2021, 11:54 PM
Dec 2021
 

brooklynite

(96,882 posts)
10. Flynn left military service in 2014. Name a crime he committed while in military service.
Fri Dec 24, 2021, 11:59 PM
Dec 2021

RussBLib

(10,558 posts)
8. I just heard some good news from Glenn Kirschner
Fri Dec 24, 2021, 04:24 PM
Dec 2021

About 10 days ago the SCOTUS declined to hear a case very similar to the Flynn case. Now that "the decks are cleared," as Kirschner put it, the way is now clear for the military to call him back to service and court-martial him.

They could have been waiting for the resolution of that case before proceeding with Flynn.

Here's a link to Kirschner's latest

Mr.Bill

(24,906 posts)
15. Well, I know that.
Sat Dec 25, 2021, 01:49 AM
Dec 2021

I was thinking of if and when Trump or another republican became president.

RANDYWILDMAN

(3,155 posts)
16. Thanks for posting
Sat Dec 25, 2021, 02:15 AM
Dec 2021

Wish I could see this smug little traitor have to take some responsibility for his words and deeds.

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