Lt. Gen Michael Flynn proclaimed that he thinks there should be a military coup to replace President Joe Biden with Donald Trump in the White House. It’s something that sent many to demand he be court-martialed, the legal process of prosecution in the U.S. Military.
It isn’t unheard of, Jan. 2020, the Navy Appeals Court decided that “a Navy retiree was properly court-martialed and convicted for a crime committed after he had left active duty,” reported the Military Times.
Even the Federalist Society noted that the Uniform Code of Military Justice allowed for some retirees to be court-martialed though they are rare. But in the civil case Larrabee v. Braithwaitethere is a question before the DC Circuit about whether a military member can be court-martialed for a civil crime. For advocating the overthrow of the government, it’s a different issue entirely. Continue reading.