General Discussion

sarge43

(28,941 posts)

37. If you mean can a military retiree be reactivated and court martialed, no not at present.

Wed Jun 29, 2022, 03:58 PM

Jun 2022

An appeals court in 2019 overturned such a case based on 5th Amendment rights. It hasn't been challenged, so it's still in effect.

On the other according to US Code 8312 if a retired commissioned officer is convicted in a civil court of certain offenses (sedition is one), s/he loses all pay and most likely be dismissed. In other words you can't play; we don't pay. Dismissal is the equivalent of a dishonorable discharge. The prep loses every benefit; it's like they never rolled off the bus.

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If Flynn is convicted: Some people here have brought this up. [View all] fightforfreedom Jun 2022 OP

Yup. Joinfortmill Jun 2022 #1

Agreed. Every. Single. Word... MiHale Jun 2022 #2

He should be court marshaled anyway. Phoenix61 Jun 2022 #3

Generals can't be dishonorably discharged jmowreader Jun 2022 #4

Thanks for additional info. Agree entirely with the spirit of the OP, Hortensis Jun 2022 #14

I'm not military so... Is that an actual thing? Ohio Joe Jun 2022 #5

Posters have been talking about this for years now, former9thward Jun 2022 #6

If you mean can a military retiree be reactivated and court martialed, no not at present. sarge43 Jun 2022 #37

Yes, exactly what I was asking Ohio Joe Jun 2022 #38

Trump's crew - Mike "The Fifth" Flynn, Roger "Proud Boy" Stone and Stevie "Two Shirts" Bannon - sop Jun 2022 #7

Pardons can't be recinded. jimfields33 Jun 2022 #9

Pardons cannot be rescinded. MarineCombatEngineer Jun 2022 #12

A differing opinion: sop Jun 2022 #15

Thank you. Very good reference to the opinion in Justia. erronis Jun 2022 #18

This whole pardon thing is a mess. I've read many differing opinions, it's hard to sort out. sop Jun 2022 #27

I 100% agree with every word in your post, MarineCombatEngineer Jun 2022 #8

Thanks, dam auto correct. fightforfreedom Jun 2022 #13

It's "Damn" Traildogbob Jun 2022 #21

Recommended. H2O Man Jun 2022 #10

This veteran agrees. Nt jaysunb Jun 2022 #11

Army Veteran SilasSouleII Jun 2022 #16

No he should not. brooklynite Jun 2022 #17

Good point. But veterans of all political persuasions will be targeted by the next (r)epuglicon pres erronis Jun 2022 #20

So, get our licks in first? brooklynite Jun 2022 #22

No, just suggesting that vets are aware of who is covering for their interests. erronis Jun 2022 #25

Why does the MAGA GOP still get the benefit of the doubt on boundaries after all of what we've .. uponit7771 Jun 2022 #28

What does this have to do with the OP? brooklynite Jun 2022 #36

Eddie Slovik 5th Avenue Hogan Jun 2022 #19

Interesting story. Flynn was/is a far greater damage. From Wikipedia erronis Jun 2022 #24

I remember seeing the movie with Martin Sheen OMGWTF Jun 2022 #29

Sing it from the rooftops! Totally Tunsie Jun 2022 #23

There is a problem with a system wherein Flynn is no longer incarcerated. n/t RKP5637 Jun 2022 #26

Someone on MSNBC yesterday suggested that. LiberalFighter Jun 2022 #30

Glen Kirschner, a former fed AG, but Deminpenn Jun 2022 #32

Your details match my recollection. The key being he was in the military. LiberalFighter Jun 2022 #34

His title should never be used. LiberalFighter Jun 2022 #31

Even if Flynn is not convicted, this should happen Deminpenn Jun 2022 #33

In the old days.... Marcuse Jun 2022 #35

Would that it were so.... Blue Owl Jun 2022 #39