Posted on 10/13/2019 6:31:16 PM PDT by ransomnote
A controversial legal opinion that determined court-martialing military retirees was unconstitutional has been withdrawn.
The Navy-Marine Corps Court of Criminal Appeals will reconsider the case of Stephen Begani, a retired Navy chief petty officer who faced a court-martial after leaving the military. The court also withdrew its July 31 opinion on court-martialing retirees, according to an Oct. 1 order.
The decisions were first reported by Zachary Spilman, the lead contributor for the military justice blog CAAFlog. Spilman is a Reserve Marine officer and lawyer who specializes in military justice.
Navy Lt. Daniel Rosinski, who represents Begani, said he had no comment on the decisions. Spilman called the move to withdraw the court's opinion unusual.
"But, of course, this is an unusual case," he added.
Related: New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed
The government asked the court to reconsider its decision on military retirees' courts-martial, Spilman said. That was no surprise, he added, given some of the pushback he and other legal experts posed after the court the initial opinion this summer.
"I wouldn't be surprised if the result of the court's next opinion is the opposite of the July opinion (and upholds retired jurisdiction), considering the issues I identified in my posts," he said.
This case dates back to 2017, when Begani was charged with attempted sexual abuse of a child about a month after retiring from the Navy.
He was arrested after arriving at a home in Japan, where he worked as a contractor on a Marine Corps. Begani had been communicating with who he believed was a 15-year-old girl. Instead, it was an undercover Naval Criminal Investigative Services agent.
As a member of the Fleet Reserve, Begani was subject to the UCMJ.
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(Excerpt) Read more at military.com ...
Paving the way for military tribunals for former military deep state members?
I was thinking the same.
I have told people and they do not believe that the president can recall any former retired member of the military to active duty. The big talk was that McCain may have had his commission reinstated to face a court martial for giving aid and comfort to ISIS.
I foresee Hunter Biden being brought up on charges
Why could this not have been turned over to civilian authorities?
“Retirees (those who spend at least 20 years in the military and draw retired pay) can be recalled to active duty for life. However, the policy established in DOD Directive 1352.1 - Management and Mobilization of Regular and Reserve Retired Military Members, makes the recall to active duty unlikely for those who have been retired for more than five years, and those over age 60.”
Once you sign on the line...
Convict and execute him, as civilian or retiree.
Shepard Smith would be better candidate.
Good question.
Is this the military trying to strip him of retirement or other benefits?
p
He was arrested after arriving at a home in Japan, where he worked as a contractor on a Marine Corps. Begani had been communicating with who he believed was a 15-year-old girl. Instead, it was an undercover Naval Criminal Investigative Services agent.
Why could this not have been turned over to civilian authorities?
= = = = = = = = =
Agree BUT he was working for the USMC as a civilian in Japan.
I don’t think many ‘round eyes’ want to face the Japanese Criminal Court system or spend time in their Jails.
At least it was that way last time I was in Japan...
I was confused at first, but now I understand, the was inactive reserve status. When I left I signed a statement saying I understand during this period I am still subject to it.
...You take the king’s shilling you are the kings man.
CC
Only in the mind of the qanons.
Retired officers are forever subject to military prosecution under the Uniform Code of Military Justice, even for non-military crimes committed in post-retirement civilian life. Take note, LtGen James Clapper, USAF (Retired).
I know a retiree who got called back to active duty and goes on trial this week. First I’ve heard this was Probably not legal.
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