Reply #26: Even Art 134 will be a stretch [View All]

1)That the accused made a certain statement

Yes she did make the statement

2)That the statement was communicated to another person

No doubt about this element

3)That the statement was disloyal to the United States

That one is going to be hard to prove

4)That statement was made with the intent to promote disloyalty
or disaffection toward the United States by any member of the
armed forces or to interfere with or to impair the loyalty to
the United States or good order and discipline of any member
of the armed forces

The prosecution has to prove intent, and they would have
to show where the statements affected good order and the
discipline.

5)That, under the circumstances, the conduct of the accused was to
the prejudice of good order and discipline in the armed forces
or was of a nature to bring discredit upon the armed forces.

Her statements brought discredit upon Shrub, not the armed
forces.

First they have to charge her, and then an Art 32 hearing has to
take place, at which time a military judge will decide if it
should continue to a Courts Martial. Once that decision is made
the circus starts.

I was an NCO in the US Army, I was the Operations NCO for my unit
while stationed at Ft. Carson Colorado. I have also worked at a
JAG(Judge Advocate General)office, had to appear before a board
for retention, and recived an Art 15.

It's always good to study the MCM(Manuals of Courts Martial), it
can help you and the soldiers under your command.