Ben-Prime wrote: ↑Wed Jul 26, 2023 7:37 pmIs there a statute of limitations on the offense? i.e., if the current administration passes on retrying him, could a hypothetical GOP next-administration make a shot at it?
Statute of limitations is based on when the charges were filed.
There could be, however, similar defenses.
* * *
Maybenaut wrote: ↑Wed Jul 26, 2023 6:15 pm
The military judge (who was very experienced and should have known better) failed to inform Bergdahl that he had an application in for a job as an immigration judge (and that he used as a writing sample a ruling he had written earlier in the Bergdahl case denying something Bergdahl wanted).
The part that surprised me was a military judge wanted to be an immigration judge, which is a tough, thankless job.
Ben-Prime wrote: ↑Wed Jul 26, 2023 7:37 pmIs there a statute of limitations on the offense? i.e., if the current administration passes on retrying him, could a hypothetical GOP next-administration make a shot at it?
Statute of limitations is based on when the charges were filed.
There could be, however, similar defenses.
There’s an article in the UCMJ that dictates how much time the government has to bring a person to trial after the charges have been set aside. It’s short - like 120 days (I think - I could be wrong about the exact number - but they don’t have long).
What is not clear to me is Bergdahl’s status. He was on appellate leave while his military appeals were pending, so if a military court had set aside the conviction he would automatically return to active duty. But he’s already been finally discharged, so I don’t know how any of that works. Does he return to active duty and get back pay if the government opts not to retry him? Don’t know.
Military behaving badly
Posted: Thu Aug 10, 2023 3:07 am
by RTH10260
tongue.in.cheek
Military behaving badly
Posted: Tue Oct 10, 2023 8:06 am
by RTH10260
i guess the former guy thought the wrong thing to declassify
Military behaving badly
Posted: Tue Oct 10, 2023 12:20 pm
by MN-Skeptic
I don't remember which thread talked about court martials for former military members, but this tweet refers to the issue.
Steve Vladeck
@steve_vladeck
#SCOTUS has denied our petition in Larrabee—leaving intact lower-court rulings that allow for the court-martial of retired servicemembers for any criminal offenses that they commit while they are retired.
Military behaving badly
Posted: Tue Oct 10, 2023 12:38 pm
by Maybenaut
I always thought that was a bullshit position to take. The statute governing court-martial jurisdiction over military retirees is pretty clear.
Military behaving badly
Posted: Tue Oct 10, 2023 7:18 pm
by Ben-Prime
So, I've wondered about this one for awhile -- the main 'qualification' to be 'eligible' for this kind of thing is "retiree drawing pay and/or actively used medical benefits" as I (possibly poorly) understand the way it goes.
So what about someone who has done 20 years or more in the reserves, does not have enough participation credit to draw retirement pay immediately, and at the age of (oh, say) 45 files for reserve retirement and will start receiving pay at 62-ish? (Is that still what it is?) In that 17 year gap in which they are not receiving pay or benefits, are they considered subject to this recall for court-martial? Or does that only kick in when the pay starts?
Military behaving badly
Posted: Tue Oct 10, 2023 7:20 pm
by Tiredretiredlawyer
Are you asking for a friend, Ben?
Military behaving badly
Posted: Wed Oct 11, 2023 6:15 am
by Ben-Prime
Not so much, actually. I guess the part of my soul that listened when my family wanted me to be a lawyer or a rabbi always picks apart construction of sentences and says "Words have precise meanings, so ...." Someone who has filed for a reserve retirement but has not actually started to draw benefits would seem to be outside the precise words, and yet I wonder.
And, also, I'm a lifelong gamer who creates entire worlds and libraries of characters and plots in his own head, so knowing this stuff makes me a better writer for the versimilitude.
Heck, I have my own rules and policies to deal with in my current Department of employment.
Military behaving badly
Posted: Wed Oct 11, 2023 8:00 am
by Maybenaut
Those are called “grey area” retirees. I don’t think they can be court-martialed, but I’m not 100 percent on that. The receipt of pay is the thing that makes a person amenable.
Military behaving badly
Posted: Wed Oct 11, 2023 8:10 am
by northland10
Maybenaut wrote: ↑Wed Oct 11, 2023 8:00 am
Those are called “grey area” retirees. I don’t think they can be court-martialed, but I’m not 100 percent on that. The receipt of pay is the thing that makes a person amenable.
I have trouble seeing the military or attorneys embracing "grey areas".
I would feel sorry for a military lawyer being an Episcopalian. We embrace grey areas. We wallow in them like pig in mud. Grey areas are the gallon of cheap cologne that we wear daily.
Military behaving badly
Posted: Wed Oct 11, 2023 8:25 am
by Tiredretiredlawyer
I was a grey area kid with black and white parents so I was deemed “wishy washy”.
Military behaving badly
Posted: Wed Oct 11, 2023 12:36 pm
by raison de arizona
Tiredretiredlawyer wrote: ↑Wed Oct 11, 2023 8:25 am
I was a grey area kid with black and white parents so I was deemed “wishy washy”.
I was a black and white kid with grey area parents, so I was deemed intractable and stubborn.
Military behaving badly
Posted: Wed Oct 11, 2023 1:50 pm
by northland10
Tiredretiredlawyer wrote: ↑Wed Oct 11, 2023 8:25 am
I was a grey area kid with black and white parents so I was deemed “wishy washy”.
Military behaving badly
Posted: Wed Oct 11, 2023 1:55 pm
by bill_g
That is just evil.
Military behaving badly
Posted: Fri Oct 20, 2023 2:07 am
by Maybenaut
U.S. soldier who crossed into North Korea charged with desertion
The Army has charged the U.S. soldier who crossed into North Korea in July with desertion, among other alleged offenses, and placed him in pretrial confinement at Fort Bliss, Tex., according to new charging documents.
Pvt. Travis King was expelled by Pyongyang in September after state media said he had admitted he illegally entered the country from its border with South Korea. Within hours, King was placed in U.S. custody, and a senior U.S. administration official said he “was very happy to be on his way home.”
King, a 23-year-old cavalry scout, was charged Thursday with violating the U.S. military’s legal code governing desertion, assault and disobeying superiors. He was also charged with insubordinate conduct, making false statements and attempting to solicit sexual photographs of a minor over social media. King’s brigade commander, Col. Kirby R. Dennis, signed the charge sheets obtained by The Washington Post.
King’s mother, Claudine Gates, said she was worried about her son’s mental health and stressed that he is presumed innocent.
“The man I raised, the man I dropped off at boot camp, the man who spent the holidays with me before deploying did not drink,” Gates wrote in a statement. “A mother knows her son, and I believe something happened to mine while he was deployed. The Army promised to investigate what happened at Camp Humphries, and I await the results.”
In August, North Korea claimed King told investigators he was disillusioned by American inequality and fled his post in South Korea because of his “ill feeling against inhuman maltreatment and racial discrimination.” The U.S. Defense Department said it could not verify North Korea’s comments on King.
I missed that they sent the guy back. No bargaining value
Military behaving badly
Posted: Fri Dec 15, 2023 12:30 pm
by RTH10260
Dozens of Troops Suspected of Advocating Overthrow of US Government, New Pentagon Extremism Report Says
Military.com | By Konstantin Toropin
Published December 01, 2023 at 5:16pm ET
An annual Pentagon report on extremism within the ranks reveals that 78 service members were suspected of advocating for the overthrow of the U.S. government and another 44 were suspected of engaging or supporting terrorism.
The report released Thursday by the Defense Department inspector general revealed that in fiscal 2023 there were 183 allegations of extremism across all the branches of military, broken down not only into efforts to overthrow the government and terrorism but also advocating for widespread discrimination or violence to achieve political goals.
The statistics indicate the military continues to grapple with extremism following its public denunciations and a stand-down across the services ordered by Defense Secretary Lloyd Austin in 2021. Furthermore, the numbers do not make it clear whether the military's approach is working. In 2021, the year the data was first released to Congress, there were 270 allegations of extremist activities. In 2022, that figure dropped to 146 before rebounding over the past year.
The return of convicted defence contractor Leonard "Fat Leonard" Francis to US custody as part of a Venezuelan prisoner swap is the latest twist in a decade-long salacious saga and bribery scheme that swept up dozens of American navy officers.
Key points:
Francis wooed US naval officers and in exchange they concealed him overcharging for supplying ships or charging for fake services at ports he controlled
He escaped from the US before his sentencing in 2022 and has been in custody in Venezuela
The US freed a close ally of President Nicolás Maduro in exchange for the release of 10 Americans and for Francis's return
One of the biggest bribery investigations in US military history led to the conviction and sentencing of nearly two dozen navy officials, defence contractors and others on various fraud and corruption charges.
It was punctuated by Francis's daring escape last year, when he fled from house arrest at his San Diego home to South America.
Military behaving badly
Posted: Wed Jan 24, 2024 1:58 am
by RTH10260
Army Reveals It Fired Female Commander in Troubled Brigade After Claims of Sexual Assaults on Male Soldiers
Steve Beynon
Tue, January 23, 2024 at 7:52 PM GMT+1·
A female Army officer was fired from command of a unit based at Joint Base Lewis-McChord amid allegations of multiple sexual assaults against several male subordinates and a pattern of sexual harassment, according to a service spokesperson.
Col. Meghann Sullivan served as commander of the 5th Brigade Engineer Battalion, 5th Security Force Assistance Brigade, at the base in Washington state. She was relieved of command Oct. 13, but this is the first time her firing has been reported.
Military.com first reported on her suspension and the subsequent investigation into her conduct in April. That reporting was part of the publication's investigation into the 5th SFAB, which uncovered potentially systemic issues with counterproductive leadership and performance and morale struggles among its rank and file.
Cruiser captain bullied and struck sailors before being relieved, Navy investigation finds
By ALISON BATH STARS AND STRIPES •
January 30, 2024
A Navy captain relieved of command of a San Diego-based cruiser last year battered and bullied sailors while creating a culture of fear through temper tantrums and public humiliation, according to a service investigation.
Capt. Danielle DeFant’s toxic leadership aboard USS Lake Erie put the ship’s crew at higher risk of an accident, investigators concluded in an Oct. 2, 2023, command report.
A copy of the report was first obtained and posted online by San Diego’s KPBS through a Freedom of Information Act request.
DeFant made some sailors feel as if they were “walking on eggshells” and caused many of the nearly 50 officers assigned to the ship’s wardroom to fear giving her bad news, according to the report.
“There is clear evidence that Captain DeFant’s recurrent, counterproductive behaviors have had adverse effects on subordinates and the command, and have had destructive effects on her crew,” the report stated.
DeFant, whose Navy career spans more than 30 years, was fired Oct. 12. She subsequently was transferred to commander, Naval Surface Force, Pacific Fleet.
Such headquarters reassignments are common while the Navy determines whether an officer relieved of duty for loss of confidence in their ability to command will remain in the service.
DeFant was fired 10 days after the 25-page investigation report was sent to Rear Adm. Christopher Alexander, commander of Carrier Strike Group 9.
The report, which examines DeFant’s leadership after taking command of Lake Erie in July 2022, investigated complaints of toxic command culture and sexual discrimination. It included summaries of interviews with DeFant and at least 45 officers and other sailors.
I am always baffled by stories like the above -- one assumes that one cannot rise to a O-6 rank and commensurate command without having had prior commands at and commensurate to a lower rank.... So how does this behavior just appear out of nowhere? Or was this an artifact of the stress of commanding a cruiser versus a smaller ship? I am just ... confused as to how a pattern of behavior this sustained and toxic would not have been filtered before this.
Military behaving badly
Posted: Sat Feb 10, 2024 4:05 am
by RTH10260
Peter's Principle raising its ugly head?
But I am too surprised that the limits in her stress level composure did break at this level. She managed to get ahead of Commander Cordwood.
Military behaving badly
Posted: Sat Feb 10, 2024 4:56 am
by keith
Can they get Humphrey Bogart to play him in the movie?
Military behaving badly
Posted: Sat Feb 10, 2024 9:06 am
by northland10
I'm not sure if its the case here but I still wonder if what was considered "bullying" would be different if the captain was male.
