Unrest at the Capitol: Potential Violations of the Uniform Code of Military Justice [February 5, 2021] [open pdf - 749KB]
From the Document: "After the unrest at the U.S. Capitol on January 6, 2021, sources reported that current and former military servicemembers were among the participants in the unrest. These reports prompted several Members of Congress to ask the Department of Defense to investigate servicemembers' participation and take disciplinary action. The military is investigating whether any active-duty servicemembers participated in the unrest, and the Joint Chiefs of Staff issued a memorandum condemning the 'violent riot' and actions 'that were inconsistent with the rule of law.' This Legal Sidebar examines potential violations of the Uniform Code of Military Justice (UCMJ), codified in Title 10 of the U.S. Code, those servicemembers may have committed. The Sidebar begins by discussing which current and former servicemembers are subject to the UCMJ. It then examines offenses under the UCMJ that current or former servicemembers may have committed on January 6, 2021, including potential sentences for each offense. It concludes with several considerations for Congress."
CRS Legal Sidebar, LSB10570
Congressional Research Service: https://crsreports.congress.gov/