Thread context
4 posts in path
Root
@cstross@wandering.shop
Open
@cstross@wandering.shop
Senator Kelly is 61—doesn't that put him over the mandatory retirement age? https://mastodon.social/@heidilifeldman/115606170261231905
Ancestor 2
@jshawthorne@packmates.org
Open
@jshawthorne@packmates.org
@cstross@wandering.shop I believe the "recall for a court-martial" is separate from the general "recall for active duty" provision, and there's no limit on the first one.
Parent
@cstross@wandering.shop
Open
@cstross@wandering.shop
@jshawthorne@packmates.org But that's a different problem, isn't it? The military can't court-martial arbitrary civilians under military law, and the senator *is* a civilian at present.
Writer, lawyer, furry, witch. Final fantasy nerd. Helluva DM. Shape shifting kelpie, scourge of the depths. Sometimes photographer of creepy landscapes. Say hi!
packmates.org
Writer, lawyer, furry, witch. Final fantasy nerd. Helluva DM. Shape shifting kelpie, scourge of the depths. Sometimes photographer of creepy landscapes. Say hi!
packmates.org
@jshawthorne@packmates.org
·
Nov 24, 2025
@cstross@wandering.shop I am a very different kind of lawyer, so take this with a grain of salt, but my understanding is the military code permits a retired military member to be recalled to "active" service for the purposes of standing trial in a court-martial for court-martialable offenses--in other words, someone who violates the military code can't escape justice by resigning a commission. This is separate from the provision that lets the head of the DoD recall a former member because there's an emergency and their expertise is needed.
I think there's a separate problem for trying to court martial someone for an act performed after they've retired, but his age or status isn't the problem.
View full thread on packmates.org