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No, it has been established it is double jeopardy to be charged by the feds and military, since both entities constitute the federal government. There is a court case somewhere that established this.
Active duty Marine office charged with Jan 6 assaults and various other crimes
Yes, he can be tried by both jurisdictions if the military tries him under UCMJ violations defining different violations, even if for the same acts. Double jeopardy only applies if both laws define the same crime.
That was very stupid of him especially as an active duty officer of such a rank. Had he remained outside the capital building as part of the peaceful protest he would not be facing such criminal charges.
Yes, he can be tried by both jurisdictions if the military tries him under UCMJ violations defining different violations, even if for the same acts. Double jeopardy only applies if both laws define the same crime.
Still does not matter though, a service member cannot be tried twice for the same offense in accordance with Article 44. There is no spinning out of this, you will see the Marine will be tried in federal court, and he will not go through military court at all.
However, there is NJP which I am sure will be part of the separation process when they kick them out.
That was very stupid of him especially as an active duty officer of such a rank. Had he remained outside the capital building as part of the peaceful protest he would not be facing such criminal charges.
Stupid?
It was f——— illegal
And I think he WILL be tried by the military and dishonorably discharged before his Federal trial even happens
The military wants to set example about the alt right in their ranks
He can be tried for various military offenses that skate by the federal charges...
The Fed can’t try him for breaking his enlistment oath but JAG can
Stupid?
It was f——— illegal
And I think he WILL be tried by the military and dishonorably discharged before his Federal trial even happens
The military wants to set example about the alt right in their ranks
He can be tried for various military offenses that skate by the federal charges...
The Fed can’t try him for breaking his enlistment oath but JAG can
He will not be tried in military court for this crime, period.
Only way that happens is if the feds turn it over to them, which does not look like it is going to happen.
Stupid?
It was f——— illegal
And I think he WILL be tried by the military and dishonorably discharged before his Federal trial even happens
The military wants to set example about the alt right in their ranks
He can be tried for various military offenses that skate by the federal charges...
The Fed can’t try him for breaking his enlistment oath but JAG can
It's entirely possible that the Marines will take first crack at him, because there are some UCMJ charges that can hit a lot harder than the fairly minor civilian charges.
Active duty Marine office charged with Jan 6 assaults and various other crimes
I can’t bring up the CNN clip so I have no idea about specifics. Any Active Duty Member of the Armed Forces who participates in an act of rebellion against the US Government is a TRAITOR. He/she should be drummed out of the service and held as an ENEMY COMBATANT.
Still does not matter though, a service member cannot be tried twice for the same offense in accordance with Article 44. There is no spinning out of this, you will see the Marine will be tried in federal court, and he will not go through military court at all.
However, there is NJP which I am sure will be part of the separation process when they kick them out.
It would not be the same offense. The same act can draw several different charges. Moreover, his entire activity for the day can be split up into numerous different acts. That happens every day.
Let's say, for instance, he's charged with assaulting, resisting or impeding an officer (which is what many of them have been charged with, and what he's alleged to have done). The military cannot then charge him with that same offense. That would be double jeopardy.
But the military can still charge him with Article 102 (Forcing a Safeguard) and Article 116 (Riot or Breach of Peace) and Article 130 and they'd probably throw in Articles 92 (Failure to Obey an Order or Regulation) and 134 (General Article). The court-martial panel would be able to find him guilty on any or all of the charges they felt were proven by the prosecution.
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