Federal government files brief that could relate to military charges against Michael Flynn advocating a coup

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According to Texas law professor Steve Vladeck, the federal government filed a legal brief Wednesday that opposes his filing that it is unconstitutional for a retired servicemember to be court-martialed.

According to the brief from the government, they believe that the Constitution allows courts-martial of retired servicemembers for post-retirement offenses, he tweeted.

Presumably, this issue will deal with whether retired Lt. General Michael Flynn can be court-martialed for advocating a military coup on the United States.

While speaking at a QAnon conference in Dallas, Flynn was asked, "I want to know why what happened in Myanmar can't happen here?"

"No reason," said Flynn. "I mean, it should happen."

The argument from many Flynn foes is that as a military member who is still granted healthcare and a pension, he is still considered a member of the military for perks. Thus, he should suffer the consequences of breaking the military rules of not advocating the violent overthrow of the American government.
https://www.rawstory.com/michael-flynn- ... ges-brief/

IANAL My Dad's a retired regular Warrant Officer W-4 in the US Air Force. In talking to him years ago he explained the difference between Regular and Reserve Officers and Warrant Officers. Regulars when they retire are place on an inactive list and are subject to recall at any time up until age 65. He was told at his retirement briefing that he had to keep a set of uniforms. He could not leave the United States for ten years after retirement without notifying the DoD and State Department of his travel plans. This was because he had been working in projects and programs that were highly classified, to the point of,Top Secret Need to Know. If you're not part of it, you don't need to know, no matter what your security clearance is.

He also told me General Officers are subject to recall at anytime even after age 65. Prime example was Douglas MacArthur who was retired after serving as Army Chief of Staff in the early 1930s but was recalled to go the the Philippines and prepare its forces for defense of the islands against Japan later during the Korean War.

So Flynn can be recalled and since his title of General was being used, he could be court-martialed for conduct unbecoming a general officer and sedition. He could be stripped of rank, retirement benefits, dishonorably discharged and sentenced to Leavenworth Military Prison.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

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