by WorldTribune Staff, November 14, 2024 Real World News
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During President Donald Trump’s first term, then-Chairman of the Joint Chiefs of Staff Gen. Mark Milley, according to a published account which he does not dispute, took action contrary to his oath of office by boasting that he withheld presidential access to the nuclear triggers and implemented his own foreign policy agenda with Chinese military leaders.
(Ret.) Gen. Mark Milley“The oath of office does not include an exception for commissioned officers – even 4-star generals – to freelance even if one arrogantly thinks he knows better,” Mark Hyman noted in a Nov. 11 Substack.com op-ed.
On Jan. 20, 2025, Trump should order the now-retired Milley “recalled to active duty to face a court martial,” Hyman wrote. “Milley’s list of Unformed Code of Military Justice (UCMJ) violations as a member of the military services is long.”
Hyman noted that Milley appears to have violated UCMJ Articles 88, 94, 133, and 134.
A court-martial is appropriate under Article 88 for “[a]ny commissioned officer who uses contemptuous words against the President.”
Under Article 94 (Mutiny or sedition) applies to a servicemember 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 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.
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Article 133 (Conduct Unbecoming an Officer and a Gentlemen) “should be a no-brainer, considering the behavior Milley has acknowledged,” Hyman wrote.
Milley might be vulnerable to Article 134 known as the General Article, which cites “disorders and neglects to the prejudice of good order and discipline in the armed forces, [and] all conduct of a nature to bring discredit upon the armed forces.”
“Milley appears vulnerable to Article 134 under the previous behaviors cited, and possibly for his role as the nation’s senior military officer in the complete break-down of military recruiting and retention,” Hyman added. “Today’s military is probably the least-prepared since December 7, 1941. Indeed, this is a complicated issue and there are many contributing factors to the military’s dire personnel shortages. Still, Milley’s many public statements and actions may have dissuaded countless young adults from joining up.”
Milley’s “many violations … are deserving of facing harsh consequences. Court-martialing Milley would also send a message to others that strict adherence to their oath of office and respect for the chain-of-command is mandatory,” Hyman concluded.
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Columnist: Why Gen. Mark Milley should be recalled to active duty and court martialed added by Editor Two on November 14, 2024
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