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Isn't Bannon ex-Navy? Can't he be court-martialed down the road for (Original Post) Sculpin Beauregard May 2017 OP
He wasn't a career officer. bluedigger May 2017 #1
I think the "ex" means No. Of course, lots of white wingers try to rationalize their crud Hoyt May 2017 #2
He's not retired LeftInTX May 2017 #3
A civilian Ex-soldier/sailor is only subject to the UCMJ if the offense happened while in Uniform. NutmegYankee May 2017 #4
No. "Destroy the constitution" is not a chargable offense. hack89 May 2017 #5
Well, his mandate is to dismantle the government. Sculpin Beauregard May 2017 #9
No. hack89 May 2017 #11
Well, my bubble has been burst. Sculpin Beauregard May 2017 #13
Sorry. Beer is a good source of replacement bubbles. Nt hack89 May 2017 #14
Yes indeedy! Good idea 😊 Sculpin Beauregard May 2017 #16
The default condition is: *Civilian* UTUSN May 2017 #6
Thank you for the clarification, no offense intended. Sculpin Beauregard May 2017 #8
Aye aye, 'mate UTUSN May 2017 #12
As others have said, that's not how it works. Lee-Lee May 2017 #7
Thanks! Sculpin Beauregard May 2017 #10
Only if he was trying to destroy the Constitution on active duty jmowreader May 2017 #15
Generally the UCMJ does not apply to you once your commission or enlistment ends Recursion May 2017 #17
He needs keel hauled! yortsed snacilbuper May 2017 #18

bluedigger

(17,086 posts)
1. He wasn't a career officer.
Mon May 1, 2017, 07:04 PM
May 2017

Did his time and got out, I believe. (7 years) I think only flag officers (Admirals and Generals) are subject to recall and still under UCMJ after retirement, therefore.

 

Hoyt

(54,770 posts)
2. I think the "ex" means No. Of course, lots of white wingers try to rationalize their crud
Mon May 1, 2017, 07:06 PM
May 2017

by saying, "they took an oath to friend the Constitution." Most comply with this supposed life long oath by buying lots of guns, flying confederate flags, racism, sexist, acting as if they were educated in the 18th Century, and worse.

LeftInTX

(25,132 posts)
3. He's not retired
Mon May 1, 2017, 07:10 PM
May 2017

He's just ex.

At the worst, I guess he could loose his VA benefits and not get a flag on his casket. However retirees are in a class by themselves. Retirees are considered "employees".

I think he should have his security clearance revoked. I don't know why he has one.

NutmegYankee

(16,199 posts)
4. A civilian Ex-soldier/sailor is only subject to the UCMJ if the offense happened while in Uniform.
Mon May 1, 2017, 07:13 PM
May 2017

If the offense occurs after leaving the service, the UCMJ cannot apply.

To note however, a retiree is considered still subject to the UCMJ as they draw current pay and the gterms of the retirement state as such.

Sculpin Beauregard

(1,046 posts)
9. Well, his mandate is to dismantle the government.
Mon May 1, 2017, 08:25 PM
May 2017

That seems...unconstitutional, no? But I don't know specifically what crime that would be. But it doesn't seem like a good thing for the American people.

hack89

(39,171 posts)
11. No.
Mon May 1, 2017, 08:30 PM
May 2017

Few government functions and even fewer government agencies are mentioned in the Constitution. You could significantly reduce the government without constitutional issues.

 

Lee-Lee

(6,324 posts)
7. As others have said, that's not how it works.
Mon May 1, 2017, 08:18 PM
May 2017

An servicemember is subject to the UCMJ while actively serving.

An enlisted servicemember who finishes an enlistment fully and leaves is not subject to recall or the UCMJ.

An officer who leaves the service but does not retire is subject to recall as a commission is for life, unless revoked or they specifically make a request to resign their commission and that request is granted.

A servicemember who retires and is receiving retired pay is subject to the UCMJ as long as they are receiving retired pay. A retiree who is not drawing retired pay, like a gray area Reserve component retired is not subject to the UCMJ.

Recursion

(56,582 posts)
17. Generally the UCMJ does not apply to you once your commission or enlistment ends
Mon May 1, 2017, 09:56 PM
May 2017

I think there are some very narrow exceptions, but it doesn't apply here.

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