Michael Flynn Should Be Reactivated, Tried Under UCMJ, And Have Retirement Revoked

Lt. Gen. Michael T. Flynn, Director, Defense Intelligence Agency; official portrait

This past Sunday, 30 May 2021, in Dallas, TX, disgraced former National Security Advisor LTG Michael Flynn, U.S. Army (ret.) made remarks at a QAnon gathering which billed itself as a “For God & and Country Patriot Roundup.”

An audience member who identified himself as a Marine, asked Mr. Flynn:
“I want to know why what happened in Minamar [sic]can’t happen here.”

Mr. Flynn replied:
“No reason, I mean, it should happen here. No reason. That’s right.”

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Congress should revoke Mr. Flynn’s Army (Federal Government) retirement.

Michael Flynn with Vladimir Putin at RT (Russia Today, a state propaganda outlet) sponsored dinner.

And, he should be prosecuted under the Uniform Code of Military Justice.

“Under the so-called “Hiss Act,” Members of Congress (and most other officers and employees of the federal government) will forfeit their entire federal employee retirement annuities if convicted of a federal crime that relates to espionage, treason, or several other national security offenses against the United States.”

–– reference: “Loss of Federal Pensions for Members of Congress Convicted of Certain Offenses,” 96-530, by Jack Maskell, Legislative Attorney, September 12, 2013, Congressional Research Service, 7-5700, http://www.crs.gov

Military retirees are also still subject to the UCMJ. There is also the possibility that Flynn could be reactivated, and charged under the UCMJ in order to stop his retirement.

DoD Financial Management Regulation, Volume 7B, CHAPTER 3 PAYMENT RESTRICTIONS, SECTION C – EXPIRATION OF ELIGIBILITY TO RETIRED PAY, 30321. Conditions

e. National Security Violations Within the Scope of 5 U.S.C. 8311-8322.
Note: The “Hiss Act,” Public Law 769,1 Sep 1954 (68 Stat 1142) codified as 5 U.S.C. 2281-2288. The Act, as amended, prohibited the payment of retired pay to military personnel who were convicted of any of a long list of criminal offenses enumerated in the statute.The Act did not prohibit the payment of retired pay if both the offense or conviction and the award of retired pay occurred before 1 Sep 1954. However, retired pay awarded on or after 1 Sep 1954, could not be paid regardless of the date the offense or conviction occurred. If the individual involved received a Presidential pardon or was cleared by later decision of a higher court, the right to retired pay was restored. Public Law 87-299, effective 26 Sep 1961, amended the Hiss Act and limited provisions to cases involving the national security. Members convicted by courts-martial or federal civil courts of offenses which were felonies or equivalent of felonies but not involving the national security were no longer subject to the provisions of the Hiss Act.

30322. Recall to Active Duty
A retiree who receives orders, issued by proper authority, for recall to active duty for an indefinite or definite period is not entitled to retired pay for the period of active duty. Members on active duty for training are covered in part three, chapter 1, section D.

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DEPARTMENT OF THE ARMY PAMPHLET 27-100-14
MILITARY LAW REVIEW
HEADQUARTERS, DEPARTMENT OF THE ARMY
OCTOBER 1961
This Review may be cited as Mil. L. Rev., October 1961 (DA Pam 27-100-14, 1 Oct 61) (number of page).

The Hiss Act and Its Application to the Military,
Captain Lee M. McHughes, p67

“In general, this legislation will prohibit the award or grant, after date of enactment, of any Federal annuity or retired pay to any individual convicted of specified crimes as set forth in the Criminal Code of the United States or the District of Columbia Code. It will also prohibit such annuity or retired pay for any person who refuses on the grounds of self-incrimination to appear, testify, or produce any document in a proceeding before a Federal grand jury or court or before any congressional committee with respect to his present or former duties as an officer or employee of the United States. In a broader sense, this legislation will exercise the greatest power and influence to clear the moral climate in which the business of the United States is transacted and to improve the ethical conduct of those individuals, both in and outside of the Government, who transact such business . . . .'” [reference: H.R. Rep. No. 2488, 83d Cong., 2d Sess. 4 (1954).]

“The legislative history of the Hiss Act indicates that Congress was thinking principally in terms of civilian officers and employees. However, the act also was made specifically applicable to members of the Armed Forces.”