meorton.bsky.social
@meorton.bsky.social
Reposted
It hasn't been litigated because none of the recent prosecutions of retired servicemembers have relied upon Article 88. But we've raised it regularly as a reason why retirees *shouldn't* be subject to perpetual court-martial JX, and the 1A issues are ... severe:

www.stevevladeck.com/p/bonus-195-...
Bonus 195: The Mark Kelly Meshugas
Secretary Hegseth has threatened to court-martial a sitting U.S. Senator for a ... truthful video. Even though Kelly *is* subject to court-martial, such a prosecution would face insuperable obstacles.
www.stevevladeck.com
January 5, 2026 at 4:36 PM