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Fri Dec 24, 2021, 01:11 PM

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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Arrow 16 replies Author Time Post
Reply The long answer to What To Do About Lt. General Michael Flynn. (retired).... (Original post)
Joinfortmill Dec 2021 OP
TheBlackAdder Dec 2021 #1
Joinfortmill Dec 2021 #2
Evolve Dammit Dec 2021 #3
brooklynite Dec 2021 #7
Evolve Dammit Dec 2021 #9
brooklynite Dec 2021 #10
Evolve Dammit Dec 2021 #11
RussBLib Dec 2021 #8
johnthewoodworker Dec 2021 #4
Mr.Bill Dec 2021 #5
Ned Low Dec 2021 #6
Arazi Dec 2021 #12
Mr.Bill Dec 2021 #13
Progressive Jones Dec 2021 #14
Mr.Bill Dec 2021 #15
RANDYWILDMAN Dec 2021 #16

Response to Joinfortmill (Original post)

Fri Dec 24, 2021, 01:13 PM

1. If this were the 1980s Ronald Reagan and the rest of the Republicans would know what to do with him.

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Response to TheBlackAdder (Reply #1)

Fri Dec 24, 2021, 01:29 PM

2. 👍

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Response to Joinfortmill (Original post)

Fri Dec 24, 2021, 03:45 PM

3. Don't understand why he hasn't been forced to face military court yet. Anyone?

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Response to Evolve Dammit (Reply #3)

Fri Dec 24, 2021, 04:17 PM

7. Because he's a civilian, and we have civilian Courts

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

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Response to brooklynite (Reply #7)

Fri Dec 24, 2021, 11:54 PM

9. doesn't he receive a military pension and subject to military law? No civilian court cases pending

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Response to Evolve Dammit (Reply #9)

Fri Dec 24, 2021, 11:59 PM

10. Flynn left military service in 2014. Name a crime he committed while in military service.

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Response to brooklynite (Reply #10)

Sat Dec 25, 2021, 12:03 AM

11. just asking...

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Response to Evolve Dammit (Reply #3)

Fri Dec 24, 2021, 04:24 PM

8. I just heard some good news from Glenn Kirschner

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

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Response to Joinfortmill (Original post)

Fri Dec 24, 2021, 03:53 PM

4. We're a fascist nation. No democrat will ever harm a Republican. Period.

 

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Response to Joinfortmill (Original post)

Fri Dec 24, 2021, 03:58 PM

5. Can a President pardon

someone convicted in a military court?

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Response to Mr.Bill (Reply #5)

Fri Dec 24, 2021, 04:08 PM

6. Yes

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Response to Mr.Bill (Reply #5)

Sat Dec 25, 2021, 12:05 AM

12. Yes, dont you remember #Traitor pardoned 3 war criminals including the psychopath Eddie Gallagher

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Response to Arazi (Reply #12)

Sat Dec 25, 2021, 12:16 AM

13. That's right, I had forgotten about that. Thanks. n/t

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Response to Mr.Bill (Reply #13)

Sat Dec 25, 2021, 01:36 AM

14. Trump can't pardon Flynn, or anyone else, anymore. nt

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Response to Progressive Jones (Reply #14)

Sat Dec 25, 2021, 01:49 AM

15. Well, I know that.

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

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Response to Joinfortmill (Original post)

Sat Dec 25, 2021, 02:15 AM

16. Thanks for posting

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

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