We often hear complaints of a two-tier justice system in Washington and other places, suggesting that most people are subject to one set of laws, while others appear exempt. Apparently, the two-tier justice system is alive and well in the military. Let’s take an example. A Machinist Mate, 1st Class, serving aboard an attack submarine, took six selfies on his cell phone while in the submarine. Unfortunately, in the background of the photos was classified electronic equipment. Machinist Mate Kristian Saucier admitted he was wrong and pleaded guilty to charges of mishandling classified material. He was released from the service with an “other-than-honorable” discharge and sentenced to one year in prison.

Military personnel are subject to U.S. laws, laws of countries they serve in (by treaty), and an extra set of laws, the Uniform Code of Military Justice (UCMJ), which punishes conduct that affects military order and discipline. A quote from the Title 18, U.S.C. (the main criminal code of the federal government of the United States), Chapter 115 – “Treason, Sedition and Subversive Activities,” section 2381 states as follows: “Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.”

General Mark A. Milley, the highest-ranking officer in the military prior to retirement in September 2023, is bound, as an officer in the military, by an oath of allegiance to the United States. In the book “Peril” by Woodward and Costa (page 129), General Milley is quoted as saying “General Li, you and I have known each other for now five years. If we’re going to attack, I’m going to call you ahead of time.” General Li Zuocheng was a general in the People’s Liberation Army in China (PLA) at that time. Some believe this quotation is not true; however, Woodward, Costa, and the American left insist it is true.

If the U.S. intends to attack China, then China is the enemy. According to U.S.C. Chapter 115, “giving them (the enemy) aid” is an act of treason, and a person doing so is subject to prosecution. Assume the quotation from the Woodward book obtained from a telephone transcript is true. In that case, General Milley promising to alert an enemy that the U.S. will attack is aiding the enemy. The excuse for making this statement was that General Milley was worried that the former president was unstable and might start a war. He should have brought this up with the Secretary of Defense if he felt this way. Why General Milley was not investigated, reprimanded, or prosecuted for this reported intent is difficult to determine, assuming a single-tier justice system. The intent does not have to be acted upon for it to be a chargeable offense. General Milley retired with honors and praise from the left, suggesting that he is exempt from the articles of the U.S.C.

The best advice to those serving in the military is to have a working knowledge of the U.S.C and the UCMJ and adhere to their requirements. For you “woke” Generals, don’t worry, you are exempt.