He undermined American national security by conspiring with the CCP, giving them intel that claimed that Trump was mentally incapacitated, and may be preparing to nuke China, and that the US military was prepared to disobey the presidents orders.
Correct. And that naturally implies that any pre-warning of a surprise attack would be in violation of a presidential order to initiate that [surprise] attack.
Nobody is going to issue an order for a surprise nuclear attack by first telling the target "we are launching nukes at you." Hence, Milley was prepared to disobey a presidential order.
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
Levying war usually means getting a militia or army together to attack the US.
It could be argued he didn't actually give them aid and comfort (comfort is debatable), but he did conspire with them to give them the aid and comfort if POTUS was going to attack.
Other charges would come as well, but Treason is a very hard crime to prove because it has specific qualifiers to reach that high bar. Personally I vote for treason, but Conspiracy to commit Treason would be pretty much guaranteed.
Should be charged under UCMJ Article 94 and it should be a capital case.
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He said he would warn China first.
Correct. And that naturally implies that any pre-warning of a surprise attack would be in violation of a presidential order to initiate that [surprise] attack.
Nobody is going to issue an order for a surprise nuclear attack by first telling the target "we are launching nukes at you." Hence, Milley was prepared to disobey a presidential order.
This is the real, chargeable offence. Conspiracy to commit Treason.
See section Article 3 Section 3 of the Constitution:
https://www.law.cornell.edu/constitution/articleiii
This is the important part:
Levying war usually means getting a militia or army together to attack the US.
It could be argued he didn't actually give them aid and comfort (comfort is debatable), but he did conspire with them to give them the aid and comfort if POTUS was going to attack.
Other charges would come as well, but Treason is a very hard crime to prove because it has specific qualifiers to reach that high bar. Personally I vote for treason, but Conspiracy to commit Treason would be pretty much guaranteed.