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CAAFlog

Esper recalls

5/6/2022

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The President is a convening authority for courts-martial. UCMJ art. 22(1).

So how do we view this article by Josh Kovensky, talkingpointsmemo.com/muckraker/esper-trump-wanted-to-activate-retired-four-stars-to-court-martial-them-for-disloyaltyEsper: Trump Wanted To Activate Retired Four-Stars To Court-Martial Them For Disloyalty. TPM, May 6, 2022.
  • OK for a senior commander to order a junior commander to court-martial someone?
  • "Disloyalty" to the person of the President or UCMJ art. 88?
President Donald Trump demanded that the military recall two retired four-star officers who criticized him so they could be court-martialed, a new book says.
According to a copy of ex-Secretary of Defense Mark Esper’s memoir, A Sacred Oath, obtained by TPM, Trump demanded that former Gen. Stan McChrystal and former Navy Admiral William H. McRaven be recalled into active duty so that they could be court-martialed for criticizing the President.
  • Pavan S. Krishnamurthy & Javier Perez, Contemptuous Speech: Rethinking the Balance Between Good Order and Discipline and the Free Speech Rights of Retired Military Officers. 12 Harv. Nat’l Sec. Rev. 288 (2021). Available at https://tinyurl.com/3t2zjhbf.
  • Hannah A. Miller, Generals & General Elections: Legal Responses to Partisan Endorsements by Retired Military Officers. 73 Vanderbilt L. Rev. 1209 (2020).
  • Rick Houghton, The Law of Retired Military Officers and Political Endorsements: A Primer. Lawfare, October 3, 2016 [https://tinyurl.com/3ykzcbm6].
  • Fred Caplan, Could Rumsfeld Court-Martial the Retired Generals? Slate, April 26, 2006 [https://tinyurl.com/y6bsn4h4].
  • Joshua Kastenberg, The Crisis of June 2020: The Case of Retired Generals and Admirals and the Clarion Calls of Their Critics. 99 Neb. L. Rev. 594 (2020).
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