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From: phl@drusd.UUCP (LavettePH)
Newsgroups: net.legal
Subject: Military Justice
Message-ID: <1238@drusd.UUCP>
Date: Tue, 19-Feb-85 12:37:28 EST
Article-I.D.: drusd.1238
Posted: Tue Feb 19 12:37:28 1985
Date-Received: Fri, 22-Feb-85 06:52:57 EST
Organization: AT&T Information Systems Laboratories, Denver
Lines: 23

A question for you legal experts:

Is it too late for the army to court-martial General William Westmoreland
for issuing false estimates of vc strength during the war?  According to
the 2/18 Rocky Mountain News he has withdrawn his suit against CBS.  This is
quite probably due to the overwhelming evidence presented against him by his 
own staff officers while under cross examination as plaintiff's witnesses.

Now that there appears to be substance to CBS's allegations isn't the next
logical step a general court-martial for this officer who allegedly submitted
falsified reports to his commander-in-chief, the congress and the American
people in order to further his political ambitions and, in so doing, is dir-
ectly responsible for the unnecessary deaths of thousands of GI's and countless
Viet Namese civilians.  

Does General Westmoreland's retired status put him beyond the reach of mil-
itary justice?  Can a retired officer be recalled to active duty and court-
martialed for crimes committed prior to his retirement?  Can he still be
tried under Art. 134 of the Uniform Code of Military Justice?  (I might have
the wrong article.  The one I'm thinking of covers conduct which discredits
the honor and reputation of the armed forces.)

- Phil