Opinion | steve_vladeck: Realistically, there’s no universe in which the U.S. Army is going to prosecute Flynn, even if his preposterous comments come close to the military’s definition of “sedition.” - MSNBCDaily
that “there are dangers lurking in military trials which were sought to be avoided by the Bill of Rights and Article III,” and that, as such, military jurisdiction should be limited to “the narrowest jurisdiction deemed absolutely essential to maintaining discipline among troops in active service.”
More significantly, the modern reserve system has supplanted the retired list as the principal supply of additional personnel to augment active-duty troops in a crisis. But members of the Individual Ready Reserve, unlike retirees, are not subject to court-martial for offenses they commit while inactive, even though, unlike retirees, they are subject to at least some training and readiness rules.
Thus, any argument that it is necessary to subject the over 2 million retired service members to court-martial while retired in order to preserve their readiness runs headlong into the reality that it hasn’t proven necessary to subject those far more likely to be activated in an emergency to the same legal rules.
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