Had been Mike Flynn Remarks Treason? Sedition? Authorized Consultants Weigh in on ‘Coup’ Feedback

U.S. Army Lieutenant General Mike Flynn (Ret.), The disgraced, admitted felon and discharged former Trump National Security Advisor, made remarks over Memorial Day weekend allegedly advocating a coup – remarks that made some wonder why he hadn’t been arrested .

Here’s what Flynn seems to have said at a QAnon conference:

Regarding Myanmar, one participant asked Flynn, “I want to know why what happened in Minamar [sic] can’t happen here? “

Flynn replied, according to CNN, “No reason, I mean it should be here. No reason. That’s true.”

Later in a statement to Telegram, Flynn dismissed the comments as reported.

Former US Attorney Joyce Vance, now a law professor at the University of Alabama Law School and a legal analyst for MSNBC and NBC News, says Flynn “now appears to be” advocating “what happened here in Myanmyar:

After the coup in Myanmar, its civilian leaders were arrested. Former Gen’l Flynn, whom a federal judge once accused of selling this land (before Trump pardoned him), now appears to be advocating this happening. https://t.co/MTHpFcv5rI

– Joyce Alene (@JoyceWhiteVance) May 31, 2021

Many, like former Clinton Secretary of Labor Robert Reich, have asked why Flynn was not arrested.

Can someone please explain to me why Michael Flynn was not arrested? This weekend he spoke out in public for the violent military overthrow of the US government.

– Robert Reich (@RBReich) May 31, 2021

Some experts say so.

Bush 43 Chief White House Ethics Attorney, Professor of Corporate Law at the University of Minnesota, and Vice Chairman of Citizens for Responsibility and Ethics in Washington (CREW) Richard Painter:

Retired military officers on active duty are subject to court martial. This is riot.

Ex-General Says Michael Flynn Goes “Crazy And Crazy” After Supporting The US Military Coup https://t.co/yInzuNAJm6

– Richard W. Painter (@RWPUSA) June 1, 2021

David Laufman, an attorney and former counterintelligence chief in the Department of Justice’s National Security Division (DOJ):

Michael Flynn, a former 3-star Army General, DIA director and National Security Advisor, has just supported a military coup in the United States. This dangerous man must be denounced and avoided across the political spectrum. https://t.co/1s5IkzUwZN

– David Laufman (@DavidLaufmanLaw) May 31, 2021

U.S. Naval War College Professor, Russia Expert, International Affairs and National Security Specialist Tom Nichols:

Just to remind you that Mike Flynn, a retired three-star general in the U.S. Army, Trump’s first national security adviser and later admitted felon, spent Memorial Day weekend promoting the idea of ​​a violent military overthrow of the United States government to support.

– Tom Nichols (@RadioFreeTom) May 31, 2021

Harvard University Professor at Harvard Law School and Co-Founder of the American Constitution Society:

“Michael Flynn, who served as National Security Advisor to President Trump, told a crowd at a QAnon conference in Dallas this weekend that the US should have a coup like the one in Myanmar.”

Make no mistake: Trump would instigate such a coup if he could.https: //t.co/WmfpYlP7j3

– Laurence Tribe (@tribelaw) May 31, 2021

But is it illegal?

Former Federal Prosecutor Renato Mariotti:

Because the Supreme Court has long established that a speech like Flynn’s is protected by the first amendment unless it is aimed at and likely to induce * imminent * lawlessness. https://t.co/qDCZPQyZTu

– Renato Mariotti (@renato_mariotti) June 1, 2021

Lawyer Teri Kanefield:

If you were wondering about Flynn’s liability 👇

Otherwise, his speech was protected by the First Amendment. https://t.co/9rIPtB0dm3

– Teri Kanefield (@Teri_Kanefield) June 1, 2021

National Security Attorney Bradley Moss suggests what others have said that Flynn’s advocacy of a coup should have had an immediate impact:

With respect, there is more to it and you know that. SCOTUS dealt with this particular provision in 1957, finding that the law required more than words and encouragement to overthrow to stand up to scrutiny. The later Brandenburg and Hessian judgments additionally support this analysis. https://t.co/kmCy5kjQ18

– Bradley P. Moss (@BradMossEsq) June 1, 2021

Former Federal Attorney Ken White, now a Defense Attorney, White-collar Criminal and First Amendment litigation attorney:

Yes, General Flynn’s call for a military coup is protected by the First Amendment as it is not intended and is likely to result in imminent lawless acts. Arguments that overthrowing the government is justified, morally or politically justified, or desirable are protected.

– LolWhatInsurrectionHat (@Popehat) May 31, 2021

Bottom line, Flynn seems to be legally off the hook, at least as a civilian.

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