A shocking story went viral this week as America learned that General Milley, under the leadership of President Donald J. Trump at the time, had a conversation with a member of the Chinese Communist Party member that many people believe betrayed Trump’s authority as Commander and Chief, and therefore should lead to punishment under Article 94; Mutiny or sedition.
General Milley needs to be arrested, Court Martialed and charged with
10 U.S. Code § 894 – Article 94; Mutiny or sedition, for conspiring with foreign nations and members of the U.S. Congress to usurp the authority of the President of the United States! This needs to be done NOW pic.twitter.com/cQAfH1JziP
— Mike Detmer for US House MI-8 (@DetmerMike) September 15, 2021
WHAT IS IT ALL ABOUT?
“10 U.S. Code § 894 – Art. 94. Mutiny or sedition
According to Bilecki Law Group:
A service member of the United States armed forces who seeks to overthrow lawful civil or military order by seditious or mutinous acts either through violence or disobedience could face punishment under Article 94 of the UCMJ. Accusations of mutiny and sedition are some of the most serious in the military. While a remote chance of occurring, even the less serious offenses found within Article 94 could carry with them the penalty of death, regardless of whether the actions were taken in a time of war or peace.
- A simple act of disobedience—the refusal to obey an order—could be all the government needs to accuse you of mutiny under Article 94.
- Should you be convicted of any of the charges under this article, you could face extraordinarily tough sentencing.
- Even some lesser included offenses include extensive maximum jail time—up to a decade—and force you out of the military with a dishonorable discharge and a loss of all military benefits and pay.
Defining Article 94 of the UCMJ
All of the articles of the UCMJ requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions—known as elements—to convict you of a crime. Article 94 governs two separate offenses—mutiny and sedition. From most to least serious:
- Mutiny by creating violence or disturbance
- That the accused created violence or a disturbance; and
- That the accused created this violence or disturbance with intent to usurp or override lawful military order
- Mutiny by refusing to obey orders or perform a duty
- That the accused refused to obey orders or otherwise do the accused’s duty;
- That the accused in refusing to obey orders or perform duty acted in concert with another person or persons; and
- That the accused did so with the intent to usurp or override lawful military authority.
- That the accused created revolt, violence, or disturbance against lawful civil authority;
- That the accused acted in concert with another person or persons; and
- That the accused did so with the intent to cause the overthrow or destruction of that authority
- Failure to prevent or suppress a mutiny or sedition
- That an offense of mutiny or sedition was committed in the presence of the accused; and
- That the accused failed to do the accused’s utmost to prevent and suppress the mutiny or sedition
- Failure to report a mutiny or sedition
- That an offense of mutiny or sedition occurred;
- That that the accused knew or had reason to believe that the offense was taking place; and
- That the accused failed to take all reasonable means to inform the accused’s superior commissioned officer or commander of the offense.
- Attempted mutiny
- That the accused committed a certain overt act;
- That the act was done with specific intent to commit the offense of mutiny;
- That the act amounted to more than mere preparation; and
- That the act apparently tended to effect the commission of the offense of mutiny
- Mutiny by creating violence or disturbance
Summary of the Elements of Article 94
Sedition in the military sense requires a concerted action by a group of individuals to overthrow a civil authority by use of violence. Mutiny, meanwhile, may be committed by a single individual and may or may not be violent in nature. Simple refusal to obey orders under the right circumstances may be considered mutiny.
Article 94 covers the most serious offenses related to disobeying lawful order in that many of the accusations herein are attempts to overthrowing military or civil governance entirely.
The government, therefore, may make every attempt to secure the maximum possible sentence for any service member accused of such a crime.
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Further reading on the left’s usurpations:
Kari is an ex-Community Organizer who writes about Voter Engagement, Cultural Marxism and Campaigns. She has been a grassroots volunteer with the GOP, on and off for 18 years. She is a Homeschool Mom in North Carolina and loves Photojournalism and Citizen Journalism. @Saorsa1776