Pentagon pulling Gen. Milley's security detail and clearance 'immediately,' may face demotion in retirement

Diogenes said:
Didn't Bungling Biden's preemptive pardon preclude that possibility?

Biden preemptively pardoned General Mark Milley. This action was taken in the final hours of Biden's presidency, just before Donald Trump was sworn in as the 47th President. Biden issued these pardons to protect individuals from potential political retribution by the incoming administration, including Milley, who had been a target of criticism by Trump. The pardons were intended to shield Milley and others from what Biden described as "unjustified and politically motivated prosecutions" without acknowledging any wrongdoing on their part.


@Grok
Click to expand...
Didn't Bungling Biden's preemptive pardon preclude that possibility?

Possibly.
 
Earl said:
Didn't Bungling Biden's preemptive pardon preclude that possibility?

Possibly.
Click to expand...


Perhaps.

Biden's preemptive pardon of General Mark Milley, issued on January 20, 2025, as part of his final acts in office, aimed to shield various public figures from potential legal action by the incoming Trump administration. However, the effectiveness and implications of such a pardon, particularly in the context of treason charges, require some examination:

Legal Scope of Pardons:
  • A presidential pardon generally forgives the recipient for any past federal crimes, effectively removing the legal consequences of those actions. However, the specifics of whether a preemptive pardon can cover an act like treason, which has not yet been adjudicated, rely on interpretations of the pardon power under Article II, Section 2 of the U.S. Constitution. This power allows the President to "grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."

Treason and Pardon Interactions:
  • Treason is explicitly defined in the Constitution as "levying War against" the United States or "adhering to their Enemies, giving them Aid and Comfort." Given this, if Milley were accused of actions fitting this definition, the preemptive pardon could be interpreted to cover such charges if they were considered "offenses against the United States." However, there is no judicial precedent for preemptive pardons for treason, making the legal landscape murky.

Military Law Considerations:
  • While a presidential pardon might protect against federal criminal prosecution, it does not necessarily shield against military justice. Military courts operate under the Uniform Code of Military Justice (UCMJ), and there's debate over whether a President's pardon extends to military offenses unless explicitly stated. Some suggest that Milley could still face military court martial, indicating that while protected from civilian court, his military actions might still be scrutinized by military courts.

Public and Legal Perception:
  • Accepting a pardon can be seen as an admission of guilt, which adds another layer to the issue. The public debate shows a split opinion where some view Milley's actions as potentially treasonous, while others see the pardon as unnecessary or politically motivated.

Conclusion on Preclusion:
  • While Biden's pardon likely precludes federal criminal charges for any actions up to the date of the pardon, including potentially those that could be construed as treason, it does not definitively bar all legal actions. Specifically:
    • Federal Civilian Courts: The pardon would generally prevent criminal prosecution for federal offenses.
    • Military Courts: The impact on military justice is less clear; Milley might still face a court martial if the act in question is deemed a military offense.
    • Civil Actions: Administrative or civil actions might still be possible, depending on the specifics of the case.

Thus, while the pardon significantly reduces the likelihood of Milley being charged with treason in a civilian federal court, it does not entirely preclude all legal avenues, especially within the military justice system.



@Grok
 
archives said:
I know why offer security to an individual who has spent a decorated life serving the country and who has been threatened because he had the nerve to criticize a politician
Click to expand...

He offered to give intelligence to a hostile country, dumbass. Not that you would think that is a bad thing, being a commie deviant and America hater.

And, getting 'decorated' in the military isn't exactly rare or even hard for an officer; they don't actually have to do anything to get all kinds of them. No evidence he ever saw any combat first hand, just was assigned to a unit that did.

A friend of mine from high school got a Green Beret and service medals in Viet Nam merely by getting assigned as a fork lift driver at one of their supply depots. lol he always got a kick out of that.
 
Last edited:
Jarod said:
Much more important to put Milley in danger, than to work on the price of eggs.
Click to expand...
Also the petty removal of security from Bolton, Fauci, Pompeo, etc.

The strategy of letting Trump "punch himself out" is the best one. Let him tank the economy in the short-term to preserve it in the long term.
 
Dutch Uncle said:
Also the petty removal of security from Bolton, Fauci, Pompeo, etc.

The strategy of letting Trump "punch himself out" is the best one. Let him tank the economy in the short-term to preserve it in the long term.
Click to expand...
2027 would rout him if the Democrats would do that. Not sure they can.
 
Jarod said:
2027 would rout him if the Democrats would do that. Not sure they can.
Click to expand...
I have no doubt the Party of Trump is facing a day of reckoning in November 2026. The negative economic impact of Trump's actions will be felt by the end of Summer 2025...and I'm hedging on that prediction since I think it will be sooner.
 
You must log in or register to reply here.
Back
Top