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.
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.
Currently, under the Uniform Code of Military Justice, 14 offenses are punishable by death. Under the following sections of the UCMJ, the death penalty can be imposed in both times of war and peace
SSG Biggs isn’t eligible for UCMJ under current precedent. He has not served enough time, was medically discharged, and is not eligible for retirement benefits to my knowledge.
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.
The only piece to this puzzle I didn't have is in your first link.
Biggs received a medical discharge from the Army when he was 28
Cool, so he didn't have 20 years AND he isn't retired; he was medically discharged. These two factors absolutely remove him from consideration of punishment under the UCMJ. Nice detective work there!
You should take the "(Ret.)" out behind his name so as not to mislead though.