According to Texas law professor Steve Vladeck, the federal government filed a legal brief Wednesday that opposes his filing that it is unconstitutional for a retired servicemember to be court-martialed.
According to the brief from the government, they believe that the Constitution allows courts-martial of retired servicemembers for post-retirement offenses, he tweeted.
Presumably, this issue will deal with whether retired Lt. General Michael Flynn can be court-martialed for advocating a military coup on the United States.
While speaking at a QAnon conference in Dallas, Flynn was asked, "I want to know why what happened in Myanmar can't happen here?"
"No reason," said Flynn. "I mean, it should happen."
The argument from many Flynn foes is that as a military member who is still granted healthcare and a pension, he is still considered a member of the military for perks. Thus, he should suffer the consequences of breaking the military rules of not advocating the violent overthrow of the American government.
See Vladeck's tweet and a link to the filing below:
The federal government has filed its reply brief in the D.C. Circuit in Larrabee, on why (in its view) the Constitution allows courts-martial of retired servicemembers for post-retirement offenses:\n\nhttps://www.justsecurity.org/wp-content/uploads/2021/06/5-US-Reply.pdf\u00a0\u2026\n\nOral argument will likely take place sometime this fall.https://twitter.com/steve_vladeck/status/1397555280813064193\u00a0\u2026— Steve Vladeck (@Steve Vladeck) 1623868888
