Could Lt. General Flynn be demoted in rank if convicted of lying to the FBI?

[yellowcanine]

Does anyone know if this can happen to a retired military officer? A military court can impose a rank reduction for someone convicted of a crime while on active duty but I am not sure about a retired officer. Next rank down for Flynn would be Major General and would result in a reduction of retirement pay if it were to happen.

https://www.nytimes.com/2017/02/14/us/politics/fbi-interviewed-mike-flynn.html?action=Click&contentCollection=BreakingNews&contentID=64912735&pgtype=article&_r=0

[leftynyc]

1. That's a felony

His rank would be the least of his problems.

[DURHAM D]

2. Don't know about lying to the FBI but if Russia

paid him to attend that dinner that is a crime even for a retired officer.

I know this because I heard it on my TV several times in the past 20 hours.

[mickmten]

3. Recall to active duty...

The way I understand it, a retired, regular officer (and if he's a general officer, that's him) can be recalled to active duty and be court-martialed. Rule of thumb, if you're a retired officer, receiving retirement pay, you can be recalled for court-martial. Court-martial for treason? Yowza.

[pinboy3niner]

5. Yes

Welcome to DU, mickmten!

[yellowcanine]

7. Thanks. That's helpful. Means he could get a dishonorable discharge then as well for treason.

I am guessing he would then have nothing except 3 squares a day and a cot.

[Shrek]

4. A retired Air Force general was busted recently

http://www.usatoday.com/story/news/politics/2017/02/01/air-force-busts-retired-four-star-general-down-two-ranks-coerced-sex/97356020/

[redstatebluegirl]

6. I certainly hope so.

[mickmten]

8. More info:

"WASHINGTON — Have you ever heard a retired Soldier say, “They can’t touch me now; I’ve retired.”? Fortunately, for the sake of military justice, this is not true when it comes to retired Soldiers who violated the Uniform Code of Military Justice (UCMJ) while they were on active duty or in a retired status.

Under Article 2 of the UCMJ, the Army maintains court-martial jurisdiction over retired personnel. Army Regulation 27-10, Military Justice, states “Retired members of a regular component of the Armed Forces who are entitled to pay are subject to the provisions of the UCMJ . . . and may be tried by court-martial for violations of the UCMJ that occurred while they were on active duty or while in a retired status.” Department of the Army policy, however, does limit these trials to cases where extraordinary circumstances are present. The Army normally declines to prosecute retired Soldiers unless their crimes have clear ties to the military, or are clearly service discrediting. If necessary to facilitate courts-martial action, retired Soldiers may be ordered to active duty.

The regulation adds that “Retired Reserve Component Soldiers are subject to recall to active duty for the investigation of UCMJ offenses they are alleged to have committed while in a Title 10 duty status, for trial by court-martial, or for proceedings under UCMJ, Article 15.” Forfeitures imposed under the UCMJ, Article 15 may even be applied against a Soldier’s retired pay."

http://forums.militarytimes.com/showthread.php/7331-Retirees-subject-to-recall-for-UCMJ-Prosecution

[world wide wally]

9. "Take him out and shot him"

What movie or book was that from? (Catch 22?)