Military Personnel and the Putsch at the U.S. Capitol

If you are of our military and were involved in this past January 6th 2021 insurrection we are coming to talk with you!

An Overview of Potentially Applicable Offenses

Military Personnel and the Putsch at the U.S. Capitol

(putsch definition)?

a violent attempt to overthrow a government.

synonyms:

insurrection · rebellion · revolt · riot · revolution · uprising · rising · coup · coup d’état · protest · strike · insurgence · insurgency · subversion · sedition · anarchy · disorder · insubordination · disobedience · resistance · defiance

An Overview of Potentially Applicable Offenses

Military Personnel and the Putsch at the U.S. Capitol (justsecurity.org)

by Eugene R. Fidell and Rachel VanLandingham, Lt Col, USAF (Ret.)

January 13, 2021

USS WATERFORD

The 1950 Uniform Code of Military Justice (UCMJ), an exercise of Congress’s constitutional power to “make Rules for the Government and Regulation of the land and naval Forces,” criminalizes a host of classic forms of military misconduct, many familiar civilian crimes like murder, larceny, and arson, while also sweeping in all federal civilian crimes for which the death penalty is not authorized. The UCMJ additionally criminalizes all conduct “to the prejudice of good order and discipline” as well as that “of a nature to bring discredit on the service.”

Among the UCMJ’s so-called “punitive articles” is the seemingly pertinent offense of sedition. According to Article 94(a)(2), anyone subject to the UCMJ who, “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 the authority is guilty of sedition.” Persons who are subject to the UCMJ also violate this article if they fail to do their utmost to prevent and suppress sedition committed in their presence, or fail to notify their superiors of sedition they know or have reason to believe is taking place. Either kind of sedition—actual or the failure-to-suppress or -inform subset—is punishable “by death or such other punishment as a court-martial may direct.”

UCMJ – 20December2019.pdf (defense.gov)

Power to Govern and Regulate Land and Naval Forces | Constitution Annotated | Congress.gov | Library of Congress

10 U.S. Code § 934 – Art. 134. General article | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

10 U.S. Code § 894 – Art. 94. Mutiny or sedition | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

18 U.S. Code § 2381 – Treason | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

D.C. Law Library – § 22–1322. Rioting or inciting to riot. (dccouncil.us)

10 U.S. Code § 933 – Art. 133. Conduct unbecoming an officer and a gentleman | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

10 U.S. Code § 888 – Art. 88. Contempt toward officials | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

DoD Directive 1344.10, February 19, 2008 — POSTED 2/21/2008 (whs.mil)