Reversing a lower court ruling, a federal appeals court upheld a series of military court rulings that allow the military to court-martial a retired service member for crimes committed after retirement, something that probably makes a certain retired lieutenant general stain his civvies, Courthouse News reports.
The case in question centers on a retiree, Steven Larrabee, who served 20 years in the Marines and became a contractor working at a base in Japan while he also managed two off-base bars. He was accused of sexual assaulting a bartender who also happened to be the wife of an active duty Marine in one of the off-base bars.
Upon retiring, Larrabee became a member of the reserves. Larrabee claimed he could not be court-martialed because he was no longer in active service; however, the military courts determined that his actions violated military law, and while Larrabee was a civilian at the time he committed the assault, he could be court-martialed.
The decision, by the DC Circuit which ruled 2-1 with two Trump-appointed judges ruling against Larrabee, may also apply to flag officers who can be recalled to active duty at the behest of the President of the United States.
The case paves the way for the military to recall flag officers like, say, former Army Lt. General Mike Flynn for providing aid and comfort to the enemy, violating his oath to defend the Constitution, and his swearing loyalty to QAnon.