Ontopic Poo-litical Thrad

wetwille

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So, question, if someone on active military duty took part in the actual attack, do they face a military court or civilian?
And, do they face a harsher penalty since they have sworn an oath to protect our country from such things?
I believe it is a "we could have both" but I think the military courts would be more severe in regards to the length of sentencing. Probably few early releases for overcrowding and good behavior. :rolleyes: The family of anyone killed during it, who wasn't part of it, could sue in civil court for damages.
 
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Maureen

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They picked up zip-ties dude who brought his mom to the protest..... dude was a Lt Col in the air force.

Makes me wonder how many crazies are still active that arent grunts. I've always said the officers would never go along with this shit, but maybe im wrong
see i think the officers are the most patriotic ones. MOST of these people who have fought for their country one way or another are the ones out there fighting for trump


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Maureen

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there were two main flexcuffs dudes photographed & I think you're mixing them together

Eric Munchel was the one who brought his mom, and afaik he is an out-of-work bartender

View attachment 13228

the retired Lt. Col is Larry Brock, seen below in the helmet; he's the one claiming both that he just found the flexcuffs and picked them up to turn over to a cop, and also that he assumed he was totally free and clear to enter, he that was allowed :lol:

View attachment 13229
free and clear to enter with how helmet and tactical gear. ok larry


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Mofugger

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Source: https://www.loc.gov/rr/frd/Military_Law/pdf/MCM-2019.pdf

What starts on page IV-2 (pdf page 308) is generally what we think of when we say "Article xx of the UCMJ". It lists punitive violations. Let's see what I can find that may be applicable (note: not a legal expert, so this probably isn't 100% accurate):

I'm not quoting each article. There's a link above, and the article identifier is enough for you to find it.

Article 78 (10 U.S.C. 878)—Accessory after the fact
"Any person subject to this chapter who, knowing
that an offense punishable by this chapter has been
committed, receives, comforts, or assists the
offender in order to hinder or prevent his
apprehension, trial, or punishment shall be
punished as a court-martial may direct."

Ex: Let's say I'm military and I let the dude who stole the podium crash at my place to prevent law enforcement from finding him.

Article 80 (10 U.S.C. 880)—Attempts
(a) An act, done with specific intent to commit an
offense under this chapter, amounting to more than
mere preparation and tending, even though failing
to effect its commission, is an attempt to commit
that offense

Ex: I suppose attempting to storm the capital, but not getting past the police barricade outside.

Article 81 (10 U.S.C. 881)—Conspiracy
Any person subject to this chapter who
conspires with any other person to commit an
offense under this chapter shall, if one or more of
the conspirators does an act to effect the object of
the conspiracy, be punished as a court-martial may
direct.

Ex: Maybe if I helped plan any of the shit that went down.

*** Changing how I copy & paste a bit ***

Article 82 (10 U.S.C. 882)—Soliciting commission
of offenses
a. Text of statute.
(a) SOLICITING COMMISSION OF
OFFENSES GENERALLY.—Any person subject
to this chapter who solicits or advises another to
commit an offense under this chapter (other than
an offense specified in subsection (b)) shall be
punished as a court-martial may direct.

Ex: If I encourage people to storm the capitol?

Article 84 (10 U.S.C. 884)—Breach of medical
quarantine
a. Text of statute.
Any person subject to this chapter—
(1) who is ordered into medical quarantine by a
person authorized to issue such order; and
(2) who, with knowledge of the quarantine and
the limits of the quarantine, goes beyond those
limits before being released from the quarantine by
proper authority;
shall be punished as a court-martial may direct

Ex: I guess if I was under quarantine for the 'Rona and took part in the riot?

Article 87a (10 U.S.C. 887a)—Resistance, flight,
breach of arrest, and escape
a. Text of statute.
Any person subject to this chapter who—
(1) resists apprehension;
(2) flees from apprehension;
(3) breaks arrest; or
(4) escapes from custody or confinement;
shall be punished as a court-martial may direct

Ex: Self explanatory...resisting arrest essentially.

Article 88 (10 U.S.C. 888)—Contempt toward
officials
a. Text of statute.
Any commissioned officer who uses contemptuous
words against the President, the Vice President,
Congress, the Secretary of Defense, the Secretary of
a military department, the Secretary of Homeland
Security, or the Governor or legislature of any
State, Commonwealth, or possession in which he is
on duty or present shall be punished as a courtmartial may direct.

Ex: I'm pretty sure participating in storming the capitol is applicable.

Article 89 (10 U.S.C. 889)—Disrespect toward
superior commissioned

Article 90 (10 U.S.C. 890)—Willfully disobeying
superior commissioned officer

Article 91 (10 U.S.C. 891)—Insubordinate
conduct toward warrant officer, noncommissioned
officer, or petty officer

Article 92 (10 U.S.C. 892)—Failure to obey
order or regulation

Ex: With these 4, let's say my chain of command directs me to stay away from the capitol building and I ignore that.