mark francis
Well-Known Member
- Joined
- Jan 15, 2021
- Messages
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A lot of debate centered around the possibility that David Petraeus could be recalled to duty by Obama and court-martialed for adultery. Is it possible Lt. Col. Vindman could be recalled to duty and court-martialed by lying to Congress and disrespecting and disobeying superior officers and his Commander-in-Chief?
militarytrialdefenders.com
In the case of Chief Petty Officer Stephen Begani, the Navy-Marine Corps Court of Criminal Appeals found that a retiree was properly court-martialed for a crime committed after he had left active duty. This case highlights the potential for a court-martial to be upheld even after retirement, provided the officer was lawfully recalled to active duty.
Military.com
The legal authority to recall retired members to active duty is established in federal law, primarily within Title 10 of the U.S. Code. Section 688 grants the secretaries of the military departments the authority to order retired members back to active duty. This legal framework is designed to balance the military’s need for skilled personnel with the status of those who have completed a full career.
The Federalist Society
Can
The possibility of a retired military officer being recalled and court-martialed for lying to Congress while still on duty is a complex legal question. The UCMJ allows for the court-martial of certain military retirees, but the jurisdiction is predicated on an individual's relationship to the military. While retired officers are not typically subject to court-martial jurisdiction, there are exceptions where they can be recalled to active duty and face court-martial proceedings. The key determinant is the status of the officer, the nature of the offense, and the potential for continued threat.militarytrialdefenders.com
In the case of Chief Petty Officer Stephen Begani, the Navy-Marine Corps Court of Criminal Appeals found that a retiree was properly court-martialed for a crime committed after he had left active duty. This case highlights the potential for a court-martial to be upheld even after retirement, provided the officer was lawfully recalled to active duty.
Military.com
The legal authority to recall retired members to active duty is established in federal law, primarily within Title 10 of the U.S. Code. Section 688 grants the secretaries of the military departments the authority to order retired members back to active duty. This legal framework is designed to balance the military’s need for skilled personnel with the status of those who have completed a full career.
The Federalist Society
