Racket, PhD wrote:
recon wrote:
Private citizen implies someone who never in the military. But someone who was in the military can be court martialed even if they are retired. In Trump's case he was commander in chief, and not a private citizen, and would be subject to the same thing; in this Trump can be tried for sedition.
10 U.S. Code § 894 - Art. 94. Mutiny or sedition . . .
(a) Any person subject to this chapter who—
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
I imagine it would have to be for crimes committed while serving at least. I suppose that makes sense enough
There are two avenues to pursue legal action against a president for sedition. Under military law for acts while commander and chief, and under other laws when out of office. But since the courts have determined that retired (former) military personnel can be prosecuted for acts under military law, then a lawyer could make a strong case that Trump can be held to the same standard. He is now referred to as the former president, and he is also referred to as the former commander in chief (Google search this and there are hundreds of news sources using this title with Trump; including FOX, OAN, and Breitbart).