Milley, this is for you:

The Uniform Code of Military Justice (UCMJ) outlines several offenses, including treason and mutiny, which are distinct but often confused due to their serious nature. Here are the key differences:

Treason (Article 106, UCMJ)

• Definition: Treason, in the context of the UCMJ, involves:
o Adhering to the enemies of the United States, giving them aid and comfort within the United States or elsewhere.
o Levying war against the United States or adhering to its enemies, providing them aid or comfort.

• Elements:
o The accused must owe allegiance to the United States (e.g., by being a citizen or a member of the military).
o There must be an overt act of betrayal, either by aiding enemies or waging war against the U.S.

• Punishment: Treason under the UCMJ can lead to death or other severe penalties, including life imprisonment without parole.


Mutiny and Sedition (Article 94, UCMJ)

• Definition: Mutiny involves:
o Refusal or overt acts with intent to usurp or override lawful military authority.
o Creating violence or disturbance with intent to cause refusal of duty or obedience to lawful orders.

• Elements:
o Mutiny specifically requires an overt act or series of acts by one or more persons in concert, aimed at the overthrow or resistance of lawful military authority.
o Sedition under this article involves the same intent but might not involve actual violence; it can be through words or conduct that incites others to refuse obedience or duty.

• Punishments:
o For mutiny, the punishment can include death, if committed during wartime, or imprisonment for life or any term of years otherwise.
o Sedition typically results in a dishonorable discharge, forfeiture of all pay and allowances, and confinement for not more than 10 years.


Key Differences:

• Allegiance: Treason requires the accused to owe allegiance to the U.S., typically through citizenship or military service. Mutiny does not explicitly require this allegiance but involves military personnel or those subject to military law.

• Nature of the Act:
o Treason deals with betrayal on a national scale, often involving aiding enemies or acts against the state's sovereignty.
o Mutiny deals with the internal disruption of military order, challenging the chain of command or operational effectiveness.

• Intent and Scope:
o Treason has a broader scope, involving national security and loyalty to the state.
o Mutiny is more narrowly focused on military discipline, hierarchy, and operational integrity.

• Punishment: While both can lead to severe penalties, treason's punishment can be the most severe due to its implications for national security.

While I was not a JAG during my time in the military, I was familiar with the UCMJ due to being a Security Police Officer/Commander.

Milley clearly falls into the sedition section, with strong elements of mutiny, in addition to Article 88 (contemptuous words).

Flag-rank officers can be reduced to the last rank in which they successfully functioned, which in his case would be as a 3-star Commander of III Corps, should an investigation so determine malfeasance. While the pardon would preclude criminal military actions, administrative actions could still go forward.

Didn't Milley admit to giving the Chicom's information? under which category does that fall ?

Using the above information as a guide, and in my layman's opinion, that is treason.

Millie's (spelling chosen purposely) telling China he would keep them apprised of any action by the president crosses the line into treason.

Don’t get me all excited with the hope that even if Biden’s preemptive pardon holds in civilian court, can he still be persecuted under the UCMJ?

I cannot see how a presidential pardon would be held to be invalid under the UCMJ.

I can see a preemptive pardon being declared invalid.

The other reason, I think, for mutiny having lesser penalties, is that, historically, there have been people who "mutinied" against their CO, in what they believed to be the service of their nation.

Bust him all the way back to private.

He is a disgrace.

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Originally posted by nhtagmember:
Bust him all the way back to private.

He is a disgrace.

Assume his pardon keeps him out of prison, what is the likelihood he gets a significant reduction in rank and/or changing him to a dishonorable discharge? Also, can they do this post retirement?

quote:

can he still be prosecuted under the UCMJ?

No, assuming the pardon holds. However, he can be administratively reduced to the last rank in which he served honorably. This is under the provisions of Army Regulation 15-80 (Army Grade Determination Review Board and Grade Determinations). I suspect the SecDef would sign off on this after an investigation, which has started.

Link to AR 15-80

This is an administrative action, NOT a legal action; there is no appeal. There is a recent case UP AR 15-80 where James Grazioplene was reduced from major general to second lieutenant for abusing his daughter, beginning when he was a first lieutenant back in the mid-70s. Austin signed off on this. Link

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changing him to a dishonorable discharge

This can only be done through legal/UCMJ action. Again, assuming the pardon holds, we're past this.

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You can still be held subject to the UCMJ post retirement

Sure, bring him back on active duty and court martial him. But he's got that pardon thing...assuming it holds. Easier to bust him using AR 15-80. If the SecDef signs his reduction, he has no recourse.

You can still be held subject to the UCMJ post retirement. It is not a simple process is my understanding.

I am looking forward to him being addressed as 'defendant' and 'prisoner'

Milley needs to be tried, convicted, and hung.