Michael
Flynn, a retired Three-Star General, has been in trouble constantly since 2014,
though until 2017, one could easily mistake him for a man ascending, not
descending.
Very
likely a tactical genius, when he moved to the Defense Intelligence Agency, he
was criticized for not understanding the difference between tactics and strategy,
condemned for his poor management skills, and increasingly under scrutiny for his
Russian contacts (which, at least initially, had been encouraged by the Department
of Defense). His contract with DIA was not renewed in 2014, a polite form of
firing him; since then, he increasing went down one rabbit-hole after
another, embracing radicalism, committing felonies, promoting Conspiracy
Masturbation, and since at least 2020, trying to take a leadership rule in the
delusional and dangerous QAnon movement.
His
latest scandal concerns his statements at a QAnon convention, which was videotaped:
“I’m a simple Marine. I want to know why what happened in Minimar can’t happen here. No reason. I mean, it should happen."
The Minimar
Coup involved the Military overthrowing a Democratically elected Government. It
left a lot of people dead, and was to be condemned by the USA, but the
Republicans in Congress blocked that resolution.
Since
then, there have been calls to Court Martial him, and many saying that he
should be jailed awaiting that Court Martial.
OK,
Court Martialed for what?
Military
Law is different from regular Criminal Law, and Michael Flynn’s speech is
clearly protected under regular Criminal Law, but not Military. His pining for
a military coup that would overthrow our Democracy probably doesn’t rise to the
level of Sedition, a really hard crime to prove (by design) in both regular
Criminal Law or Military Law unless he was caught planning or engaging in
violence -- BUT -- there’s another charge in Military Law that seems a perfect
fit.
UCMJ, Article 88, “Contempt
Toward Officials”:
“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 Transportation, or the
Governor or legislature of any State, Territory, Commonwealth, or possession in
which he is on duty or present shall be punished as a court-martial may direct.”
To protect the 1st Amendment
Rights of Servicemen and Women, there are caveats:
“If not personally
contemptuous, adverse criticism of … officials … in the course of a political
discussion, even … emphatically expressed, may not be charged as a violation of
the article.”
But I say a call
for a Coup is “personal” enough to Biden to fly (others disagree).
And there's another obvious one is Article 134, “conduct of a nature to bring discredit upon the armed forces.” This is deliberately catch-all, allowing the military to Court-Martial all troublemakers, even minor ones, so calling for a Coup definitely covered.
But then there’s another problem.
Recently a Federal Judge ruled that it is Unconstitutional to Court Martial a former Service
Member for something committed in retirement. This case had to do with a
retired Marine who opened a bar near his old base in Japan, sexually assaulted a
staff member, and recorded the crime for his later edification. Based on agreements
with the Japanese Government, he was not charged Criminally by the Japanese,
but by US Military, making this ruling one hell-of-a-mess. But the key word is “recent,”
and this ruling, which would guarantee Flynn a walk, is under appeal.
I want Flynn, a confessed and convicted
felon for crimes committed while in Federal Service, not petty nor even
conventionally serious crimes, but crimes against our Nation, then corruptly
pardoned by a man who rightfully feared the evidence Flynn could provide to
Prosecutors, should, at the very least, have his discharge change from “Honorable”
to “Dishonorable” and stripped of all his benefits. Flynn is a traitor in his heart,
and more than half in deed, even before he started calling for a Civil War.
May he burn
in Hell.
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