“…Frederick W. Kagan’s “Let the Generals Speak” (May 8) wrongly claims that retired military officers are not subject to the Uniform Code of Military Justice. All those receiving retired pay are subject to the UCMJ….” ~ Gunny G’s Old Salt Marines Tavern Weblog:

Posted: July 15, 2015 in Uncategorized

BLOGGIN' BAD w/ Gunny G! ~ HEY! NO MORE PC, REMEMBER? ~AMERICA CANNOT BE GREAT AGAIN UNTIL THE STAIN, STIGMA, STENCH AND SHAME OF "THE PRINCE OF FOOLS" IS OFFICIALLY AND FINALLY UNDENIED, AINOs (AMERICANS IN NAME ONLY) RECOGNIZED, AND THE SWAMP FLUSHED! -POTUS TRUMP!.....-IF WE CAN KEEP HIM?

Frederick W. Kagan’s “Let the Generals Speak” (May 8) wrongly claims that retired military officers are not subject to the Uniform Code of Military Justice. All those receiving retired pay are subject to the UCMJ.

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Lt. Gen. Bob Springer, USAF (ret.), Pinehurst, N.C.

Frederick W. Kagan responds: I readily acknowledge that I erred in stating that retired officers are not subject to the UCMJ. The question of the applicability of Article 88–which bans contemptuous speech directed at superiors and civilian leaders–is, however, more complicated. Apart from the fact that there are no cases of attempted prosecutions for violating this article, the standard for preferring such charges is different from the one required to accuse active duty officers. To prosecute a retired officer, the military would have to show that the words used “create a clear and present danger” leading to evils “that Congress has a right to prevent.” This…

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