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this post was submitted on 31 Aug 2023
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Has to be war time for that, right?
The Rosenbergs were executed in peacetimes.
Edit:
https://en.wikipedia.org/wiki/Capital_punishment_by_the_United_States_military
SSG Biggs isn’t eligible for UCMJ under current precedent. He has not served enough time, was medically discharged, and is not eligible for retirement benefits to my knowledge.
https://www.tullylegal.com/resources/articles/can-you-be-charged-under-the-ucmj-after-discharge/
I had thought the person I replied to was referencing treason in the constitution but I may be wrong about war/peace about that.
Could he not be executed as a civilian like the Rosenbergs?
They were tried for espionage. I haven’t been closely following Biggs, but I don’t believe he has this charge
He doesn't fit element A, so this whole discussion is moot. Please stop spreading misinformation. Also, if you're gonna cite the UCMJ, cite the corresponding statute number (Article 94). Also, it helps if you spell UCMJ correctly
JCUM
Why does he not fit element A? Is it 1 or 2 or 3 or 4; or do you have to fulfill 1-4 to qualify? I don’t know the context behind the excerpt they posted
That's the problem; they didn't post the context that would demonstrate he is not subject to the UCMJ as a veteran. Some retirees may be subject to the UCMJ, but in general, the UCMJ applies to active duty military. I'm a veteran with legal experience, not a lawyer, so I'm willing to be corrected with facts from someone who knows and isn't just repeating bullshit they heard on social media.
The elements of this crime have several different acts which qualify; you don't have to do all of them to be guilty. The preface (which was cut off) denotes which people are subject to punishment under this law, which would almost certainly NOT include Biggs.
I think I found context:
SSG Biggs served from 2007-2012: https://www.news-journalonline.com/story/news/2023/04/19/joe-biggs-volusia-proud-boys-leader-will-not-testify-at-his-trial/70126430007/
UCMJ is for (active) service members: https://www.bileckilawgroup.com/court-martial-defense/articles-of-the-ucmj/article-94-mutiny-and-sedition/#:~:text=Sedition%20under%20Article%2094%20of%20the%20UCMJ%20occurs%20when%20a,of%20that%20lawful%20civil%20authority.
SSG Biggs does not meet the general retired conditions for UCMJ punishment: https://www.tullylegal.com/resources/articles/can-you-be-charged-under-the-ucmj-after-discharge/
The only piece to this puzzle I didn't have is in your first link.
Cool, so he didn't have 20 years AND he isn't retired; he was medically discharged. These two factors absolutely remove him from consideration of punishment under the UCMJ. Nice detective work there!
You should take the "(Ret.)" out behind his name so as not to mislead though.