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Thread: Active-Duty Marine Corps Major Charged In Capitol Riot

  1. #1
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    Default Active-Duty Marine Corps Major Charged In Capitol Riot

    Maj. Christopher Warnagiris was arrested Thursday in Virginia and charged with five counts, including assaulting or impeding an officer, obstruction and unlawful entry. Officials say he is believed to be the first active-duty military service member to be charged in connection with the Capitol insurrection.

    According to an FBI document filed in federal court, security camera footage from the Capitol on Jan. 6 shows Warnagiris forcing his way through East Rotunda doors.

    Warnagiris then allegedly tried to prevent U.S. Capitol Police officers from shutting the doors and at one point pushed an officer who was trying to secure the entrance.

    https://www.npr.org/2021/05/13/99660...n-capitol-riot

  2. #2
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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    The city can prosecute him...

  3. #3
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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    I wonder what excuse this one will come up with?
    IMAGINES VEL NON FUERINT

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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    He can get a commemorative Insurectionist sleeve tat.

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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    Quote Originally Posted by Andrew Craig-Bennett View Post
    I wonder what excuse this one will come up with?
    he was obeying orders from the c-i-c.

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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    Quote Originally Posted by L.W. Baxter View Post
    he was obeying orders from the c-i-c.
    I would bet a week's pay that is his first line of defense. Either way he's done and good riddance.

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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    ……..and that could be a very interesting defence argument, a direct, in person, order.

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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    I'd rather see him tried under the UCMJ:

    Article 94 UCMJ: Mutiny and Sedition

    (a) "Any person subject to this chapter who—

    (1) with intent to usurp or override lawful military authority, refuse, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

    (2) 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 that authority is guilty of sedition;

    (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

    (b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct."

    Source

    Right-wingers largely support the death penalty because of its theoretical deterrent effect. So, let's deter.

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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    Quote Originally Posted by Hugh Conway View Post
    He probably thought he was defending the Constitution to which he swore an oath.
    To defend it with his life.

    Let's see, giving that oath, maybe I should check out what it means . . . nah! More important things to do! Booooring! Besides, it will never come up. All that stuff is like, back in history. This is the 21st century.

  10. #10
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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    An occasional execution by firing squad of an officer can work wonders for officer morale.

    This certainly encouraged the others. They hardly lost a battle afterwards.

    IMAGINES VEL NON FUERINT

  11. #11
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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    It could be bracing were he court martialed rather than tried in the civilian system. Or as well as in it.
    If I use the word "God," I sure don't mean an old man in the sky who just loves the occasional goat sacrifice. - Anne Lamott

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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    Lots of interesting Ah! Buts.
    POTUS is ultimately his commanding officer, so did POTUS issue a command,
    or not.
    If Dolt 45 did, the n Skidmark is in trouble.
    If Dolt 45 did was it an illegal order that should not have been obeyed?
    If it is argued that Skidmark did not so order, he is on his own.
    It really is quite difficult to build an ugly wooden boat.

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  13. #13
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    Default

    Quote Originally Posted by L.W. Baxter View Post
    he was obeying orders from the c-i-c.

    That won't fly. Art. 90 of the UCMJ (Willfully disobeying superior commissioned officer) says:

    Any person subject to this chapter who willfully disobeys a lawful command of that person's superior commissioned (emph. mine) officer shall be punished --

    (1) if the offense is committed in time of war, by death or such other punishment as a court-material may direct; and

    (2) if the offense is committed at any other time, by such punishment other than death, as a court-martial may direct.


    The same basic language is used in UCMJ Art. 92 - Failure to obey order or regulation, the other article that might be applicable.

    Two things:

    • First, UCMJ Art. 1 defines "superior commissioned officer" as meaning a "a commissioned officer superior in rank or command".

      As President, Trump did not hold a commission in, nor was he an officer of the armed forces of the United States,. He is the "Commander-in-Chief", yes, and superior to a Major, but that is a civilian job. The authors of the constitution very carefully ensured civilian command/control of the military.
    • Second, more importantly, the order must be lawful to begin with. And, since UCMJ Art 94 - Mutiny or sedition makes [i]any person subject to this chapter 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 that authority" guilty of sedition, that makes Trump's so-called "order" unlawful.

      (Might note here that this is a much broader definition of sedition than is found elsewhere in the US Code (18 USC 2383 - Rebellion or insurrection and 18 USC 2384 - Seditious conspiracy).

      Which scotches any defense claim that he was "just following orders".
    You would not enjoy Nietzsche, sir. He is fundamentally unsound. — P.G. Wodehouse (Carry On, Jeeves)

  14. #14
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    Default Re: Active-Duty Marine Corps Major Charged In Capitol Riot

    They will argue that donald was in fact the leader of the 'rebellion or insurrection' and indeed gave the orders and then retired personally from the field. donald being at the time commander in chief of the US military forces.

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