Military in the Capitol Insurrection Should Face Courts-Martial

Insurrection is not a common crime. It is an offense not against another person or even a group of people, but against the community as a whole. A coup is a declaration of war that is directed at the entire political system. As such, the insurrection tends to mobilize the full arsenal of social sanctions, sentences that go well beyond the purview of the criminal justice system, in the opposition. Law enforcement agencies are currently rounding up those involved in the failed January 6 coup in which a mob instigated by President Trump stormed the Capitol. It is significant, however, that the law is not the only instrument of retaliation called for.

The Congress Democrats are pushing the charges against Donald Trump a second time to discuss With Section 3 of the 14th Amendment the Constitution, which bans the seat of officials who “have committed insurrections or revolts against the Constitution” or “have given help or comfort to their enemies”. Congress could decide that this rule applies to lawmakers like Ted Cruz and Josh Hawley. Beyond the Congress, civil society is now mobilizing against the proponents of sedition. Donald Trump has lost access to a number of social media outlets including Twitter and Facebook. Closer to home on Sunday evening for the Professional Golfers’ Association announced that it has canceled plans to hold its 2022 championship tournament at Trump National Golf Club in Bedminster, New Jersey. This step follows the explanations of four big companies (Blue Cross Blue Shield Association, Marriott International, Citibank, Commerce Bancshares) that they will not donate to Republican lawmakers who refused to certify Joe Biden as President (a group of 139 House members and eight Senators).

This application of creative punishment should extend to the military as well. Trump has tried mightily to submit the military to his will, including using it against domestic protesters during the Black Lives Matter uprising in the summer of 2020. One of the most encouraging developments of the past year has been the way the military, as a collective entity, resisted Trump’s efforts. Indeed, this may have been the key ingredient that prevented Trump’s coup attempt from succeeding.

While the military as a whole deserves praise, there is no doubt that individual members of the military and retired soldiers participated in the failed uprising. On Sunday, Colorado representative Jason Crow spoke to Army Secretary Ryan McCarthy, who pointed out that the Army is investigating 25 people who participated in the coup, some of whom may be active in the military. According to an indication of the conversation Provided by Crow’s office: “Crow expressed serious concern about reports that active and reserve military personnel were involved in the uprising. He called for accelerated investigations and court martial against those involved. “Keep crowing requested that troops assigned to Biden’s inauguration on January 20 will be subjected to a CID [Criminal Investigation Command] Review to weed troops “sympathetic to domestic terrorists.”

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