A leader of the Proud Boys who led the far-right organization’s infamous march to the US Capitol on January 6, 2021, was sentenced Wednesday to 17 years in prison – among the longest sentence handed down yet for a convicted rioter.
Joe Biggs was convicted by a Washington, DC jury of several charges including seditious conspiracy for attempting to forcibly prevent the peaceful transfer of power from then-President Donald Trump to Joe Biden after the 2020 election.
The government wanted Biggs to serve 33 years in federal prison. That’s 15 years longer than the longest sentence in a Jan. 6 case to date: the 18-year sentence that went to Oath Keepers founder Stewart Rhodes, also convicted of seditious conspiracy, after prosecutors sought 25 years in federal prison.
He doesn’t fit element A, so this whole discussion is moot. Please stop spreading misinformation. Also, if you’re gonna cite the UCMJ, cite the corresponding statute number (Article 94). Also, it helps if you spell UCMJ correctly
Why does he not fit element A? Is it 1 or 2 or 3 or 4; or do you have to fulfill 1-4 to qualify? I don’t know the context behind the excerpt they posted
I don’t know the context behind the excerpt they posted
That’s the problem; they didn’t post the context that would demonstrate he is not subject to the UCMJ as a veteran. Some retirees may be subject to the UCMJ, but in general, the UCMJ applies to active duty military. I’m a veteran with legal experience, not a lawyer, so I’m willing to be corrected with facts from someone who knows and isn’t just repeating bullshit they heard on social media.
The elements of this crime have several different acts which qualify; you don’t have to do all of them to be guilty. The preface (which was cut off) denotes which people are subject to punishment under this law, which would almost certainly NOT include Biggs.
I think I found context:
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SSG Biggs served from 2007-2012: https://www.news-journalonline.com/story/news/2023/04/19/joe-biggs-volusia-proud-boys-leader-will-not-testify-at-his-trial/70126430007/
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UCMJ is for (active) service members: https://www.bileckilawgroup.com/court-martial-defense/articles-of-the-ucmj/article-94-mutiny-and-sedition/#:~:text=Sedition under Article 94 of the UCMJ occurs when a,of that lawful civil authority.
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SSG Biggs does not meet the general retired conditions for UCMJ punishment: https://www.tullylegal.com/resources/articles/can-you-be-charged-under-the-ucmj-after-discharge/
