About that oath . . .

Professors Rachel E. VanLandingham and Geoffrey S. Corn have written a far-reaching blog post for the American Constitution Society's Expert Forum under the headline What Happens when Service-Members, Past or Present, Breach their Sacred Oath? Excerpt:

Going back to the January 6 insurrection – while a disproportionately high number of military veterans were involved, it is doubtful that more than a handful are actually subject to military jurisdiction. Even for those who are, the military should continue to defer to the Department of Justice to take the lead to prosecute them for the same crimes as their civilian criminal colleagues (as explained here). For any current reservist or guardsman/women involved in the insurrection, their fitness for continued duty should be evaluated, with civilian convictions providing a basis for discharge. Finally, for any active-duty member of the U.S. military who participated in the January 6th insurrection, their crimes against our civilian government should be prosecuted by that civilian government, thus reinforcing its legitimacy, and any military-unique crimes, such as conduct unbecoming an officer and gentlewoman, can be subsequently tried by court-martial.

Even if the military foregoes any such prosecution, these individuals will almost certainly be subject to administrative action to separate them from the active rolls based on their civilian convictions. Accountability for their criminal misconduct may be properly reserved for federal civilian prosecutors, but their blatant breach of allegiance to the Constitution they swore to defend is reason enough for the military institution to sever their connection to national service -- and to double-down on efforts to educate the ranks on the meaning of that special oath that binds together those in uniform.