Topic: Military Law

A constitutional lawyer and former JAG officer provides an analysis of US Code 2387, the "anti-Tokyo Rose" statute, which prohibits fomenting insubordination among military members. The legal theory explores whether Senator Mark Kelly could be recalled to active duty for prosecution under UCMJ articles regarding conduct unbecoming of an officer, though a conviction is deemed unlikely due to the political fallout it would cause.

The discussion anticipates that the military will mandate COVID-19 vaccines once they receive full FDA licensure. In the private sector, employers are expected to require vaccination for high-contact roles, which the hosts compare to "freedom papers" and historical segregation policies.

The Pentagon issued a warning to military personnel against using consumer DNA kits like 23andMe and Ancestry.com. While the military already keeps DNA on file for casualty identification, private testing poses risks under the Uniform Code of Military Justice (UCMJ), such as uncovering evidence of adultery or unknown dependents that could complicate deployments.

The hosts discuss ongoing military and FEMA drills in New York that simulate three phases of deteriorating social order: "No Rule of Law," "Limited Rule of Law," and "Authoritarian Rule of Law." These drills include scenarios for curfews and resource control. While the hosts don't expect post-election unrest, they note the government is preparing for such a possibility.

The Benghazi report mentions US personnel on a tarmac changing in and out of uniforms multiple times, which Mark Toner denied caused any delays. The hosts speculate that US forces may have been wearing local militia uniforms, such as those of the YPG, to circumvent constitutional requirements for congressional war approval. This practice is criticized as a violation of international law regarding combatant identification.

A subtle change in the US Code regarding "Defense Support of Civilian Law Enforcement Agencies" is discussed. This change reportedly allows federal military commanders to police American streets during "extraordinary emergency circumstances" without prior presidential or state consent. The response to the Boston Marathon bombing is cited as a litmus test for this new authority, effectively bypassing the Posse Comitatus Act.

A review of Section 920B of the NDAA reveals specific and unusual language regarding the rape and sexual assault of children within the military justice system. The text defines different tiers of offenses based on whether a child is under or over the age of 12. Concerns are raised regarding the legal complexities and the lack of public reporting on these specific provisions.

The President has updated the Manual for Courts-Martial, specifically expanding Article 134 to include detailed statutes on the possession, receipt, and production of child pornography. The hosts express concern that these strict new rules, which carry mandatory sentences, could be used to set up individuals by planting digital evidence. They speculate that these changes might be relevant to the ongoing legal proceedings involving Bradley Manning.

The U.S. military has reportedly implemented policies that forbid active-duty personnel from becoming pregnant, with the threat of court-martial. The hosts discuss this as a potential consequence of equal rights taken to a "misogynistic extreme" that ignores biological realities.

A brief report mentions a February 2008 agreement signed between the United States and Canada regarding mutual military assistance. The agreement suggests that armed forces from both nations could assist each other during domestic emergencies or potential martial law scenarios, functioning similarly to a bilateral NATO arrangement.