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OverSword

First active duty service member arrested over Jan. 6 riot

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OverSword
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A Marine Corps officer was arrested Thursday over his involvement in the Jan. 6 insurrection, making him the first active-duty service member charged over the Capitol attack.

The Justice Department said in a statement that Maj. Christopher Warnagiris, 40, “violently entered the Capitol on Jan. 6, after pushing through a line of police officers guarding the East Rotunda doors.”

He then allegedly used his body to prop a door open to allow more people to rush into the Capitol.

“When a U.S. Capitol Police (USCP) officer tried to pull the doors shut, Warnagiris refused and continued pushing it open. Warnagiris can be seen pushing the officer in an effort to maintain his position in the open door in security camera footage and publicly available video footage,” the Justice Department said.

Warnagiris, of Woodbridge, Va., is stationed at Marine Corps Base Quantico. He is being charged with assaulting, resisting or impeding certain officers; obstruction of law enforcement during civil disorder; and obstruction of justice, among other charges.

He is slated to make his first court appearance Thursday afternoon.

 

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A major in the Marines?????  :blink:  Wow.

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Desertrat56
3 minutes ago, OverSword said:

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A major in the Marines?????  :blink:  Wow.

Thats what I was thinking!   Wow!

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aztek

so what, Malik Hasan was also a major

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OverSword
8 minutes ago, aztek said:

so what, Malik Hasan was also a major

A major psychopath.  

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and then

I hope his treatment serves as a heads up for other patriots of what to expect from their "government" going forward.

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Desertrat56
4 minutes ago, and then said:

I hope his treatment serves as a heads up for other patriots of what to expect from their "government" going forward.

insurrection is not a patriotic act.  Calling him a patriot is ridiculous.

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OverSword
Posted (edited)
23 minutes ago, Desertrat56 said:

insurrection is not a patriotic act.  Calling him a patriot is ridiculous.

I disagree with this statement.  Are you patriotic towards a government?  A leader? I say patriotism is for your country.  If you feel that your government is not functioning then insurrection may be the most patriotic thing you feel you can do for your country.  This guy is a US military officer with 20 years under his belt and a ton of deployments.  I don't think most of us are qualified to decide if he's a patriot or a traitor.  Now is he naïve in believing the election was stolen?  I think so. It's fairly obvious to me that there couldn't' have been enough undetected corruption to have changed the results of the election.  Biden is president fair and square. You have to live with the vote if you support your democracy.

Edited by OverSword
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Desertrat56
14 minutes ago, OverSword said:

I disagree with this statement.  Are you patriotic towards a government?  A leader? I say patriotism is for your country.  If you feel that your government is not functioning then insurrection may be the most patriotic thing you feel you can do for your country.  This guy is a US military officer with 20 years under his belt and a ton of deployments.  I don't think most of us are qualified to decide if he's a patriot or a traitor.  Now is he naïve in believing the election was stolen?  I think so. It's fairly obvious to me that there couldn't' have been enough undetected corruption to have changed the results of the election.  Biden is president fair and square. You have to live with the vote if you support your democracy.

When I was in the army it was drilled in to us that you follow the law even if that means disobeying an order to do otherwise.   He did not follow the law.   No matter how misguided, what he did could not be called patriotic whether he thought so or not.

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OverSword
1 minute ago, Desertrat56 said:

When I was in the army it was drilled in to us that you follow the law even if that means disobeying an order to do otherwise.   He did not follow the law.   No matter how misguided, what he did could not be called patriotic whether he thought so or not.

He also took an oath to defend the constitution from all enemies foreign and domestic.  If he thought an election had been stolen, then...............

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Gromdor
15 minutes ago, OverSword said:

He also took an oath to defend the constitution from all enemies foreign and domestic.  If he thought an election had been stolen, then...............

Then assault some police officers?  He should have been taught that the Constitution is the basis of our laws and that by breaking our laws he is similarly attacking our Constitution.

By not having faith in our Constitution in regards to elections- he is weakening it.

But truth be told- I do not think he was acting as a patriot nor someone who was defending the Constitution.  He was merely caught up in a mob mentality over imaginary grievances. 

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Manwon Lender
2 hours ago, and then said:

I hope his treatment serves as a heads up for other patriots of what to expect from their "government" going forward.

Your comments are ridiculous, there is nothing Patriotic about being part of a civil uprising / Insurrection. One thing we do agree on is this will serve an example for all to see, and I hope his Court Marshal will be public. But this could become very interesting, since he is an active duty soldier he could be tried by both the Military UCMJ and by the Civil Authorities. You see double jeopardy doesn't apply to Active Duty Military Members. However, in that case his sentences would be combined and he would still serve his time in a Military Corrections Facility ( Ft. Leavenworth, Kansas ). All I can say is I hope he enjoyed himself and that he is proud for standing up for his principles, because he is not going to see daylight for very long time, and that's if he ever sees it again.

 

Two types of military actions are considered punishment under the double jeopardy clause. Those two actions are nonjudicial punishments (article 15, mast, office hours) and courts-martial. However, even if a Servicemember receives an article 15, they can still be court-martialed for the same misconduct. A Servicemember who is facing a Court-Martial for something they already received nonjudicial punishment for would simply get a sentencing credit at trial.

The double jeopardy clause doesn’t even prevent the military from bringing a Servicemember to Court-Martial after a State Court has convicted him/her of the same misconduct. Under constitutional analysis, State Courts and Courts-Martial are considered separate sovereigns. They can therefore both convict the same person of the same misconduct. It is rare for this to happen, but it can.

The double jeopardy clause does protect a Servicemember from going through a Court-Martial after being convicted in Federal Court for the same misconduct. This is rare, but it can happen.  It would also protect a Servicemember from being put through a Court-Martial a second time for the same misconduct, after a conviction at the first Court-Martial.

The bottom-line is that the double jeopardy clause provides little to no protection for most Servicemembers.

https://mattbarrylaw.com/2020/03/30/double-jeopardy-in-the-military/

 

2 hours ago, and then said:

I hope his treatment serves as a heads up for other patriots of what to expect from their "government" going forward.

 

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Manwon Lender
3 hours ago, OverSword said:

I disagree with this statement.  Are you patriotic towards a government?  A leader? I say patriotism is for your country.  If you feel that your government is not functioning then insurrection may be the most patriotic thing you feel you can do for your country.  This guy is a US military officer with 20 years under his belt and a ton of deployments.  I don't think most of us are qualified to decide if he's a patriot or a traitor.  Now is he naïve in believing the election was stolen?  I think so. It's fairly obvious to me that there couldn't' have been enough undetected corruption to have changed the results of the election.  Biden is president fair and square. You have to live with the vote if you support your democracy.

It's ok to disagree with her statement, but she is correct. You see this individual violated his oath as a Military Officer, but not only that, he will most likely be tried by both civil and military authorities since Double Jeopardy doesn't apply to active duty military. So he can be tried by the Civil authorities for one crime and the military could bring him up on charges for the crime again or for a completely different set of charges. 

So anyway this goes down no one in a position of authority will view his actions as Patriot, because they don't Court Marshal patriots, they only Court Marshal criminals and in the case he committed Sedition and was involved in a Insurrection. 

https://mattbarrylaw.com/2020/03/30/double-jeopardy-in-the-military/

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Trelane
15 minutes ago, Manwon Lender said:

It's ok to disagree with her statement, but she is correct. You see this individual violated his oath as a Military Officer, but not only that, he will most likely be tried by both civil and military authorities since Double Jeopardy doesn't apply to active duty military. So he can be tried by the Civil authorities for one crime and the military could bring him up on charges for the crime again or for a completely different set of charges. 

So anyway this goes down no one in a position of authority will view his actions as Patriot, because they don't Court Marshal patriots, they only Court Marshal criminals and in the case he committed Sedition and was involved in a Insurrection. 

https://mattbarrylaw.com/2020/03/30/double-jeopardy-in-the-military/

The determination of how he will be prosecuted will likely be a joint decision between DoD and civil authorities. There are many times where field grades are "given a pass" and deferred to the court that will likely do less overall damage. Very rarely do both judicial jurisdictions become involved.

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Manwon Lender
4 minutes ago, Trelane said:

The determination of how he will be prosecuted will likely be a joint decision between DoD and civil authorities. There are many times where field grades are "given a pass" and deferred to the court that will likely do less overall damage. Very rarely do both judicial jurisdictions become involved.

I understand your point clearly and I think it will all depend upon the crime. However, in a high profile case like this I don't see a Military Officer being given a pass. I suspect he will be tried by the Federal Court System, and then Court Marshaled under the UCMJ. But, you could be right, only time will tell, but do you really believe he will not be Court Marshaled?

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psyche101
3 hours ago, OverSword said:

He also took an oath to defend the constitution from all enemies foreign and domestic.  If he thought an election had been stolen, then...............

Then he is a complete idiot and shouldn't be in the position he is. 

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and then

Regardless of the verdict in this trial, his career is over but he will be a hero to millions if the idiots in DC decide to publicize and demonize his choice of protesting.  As for him not being a patriot, I'm pretty sure that those who fought in our Revolution were considered to be brigands and outlaws committing treason against the Crown.

Some of the more vocal here on this topic should probably refresh their memories about how this nation was born and WHY it was born...

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government.

I find it somewhat illogical that an American would stand so firmly against people today who invoke these words because of their perceptions of tyranny by our government.  90% of this kind of chaos could have been avoided had the courts taken up the claim of cheating and thoroughly investigated the sworn testimony of nearly 900 citizens who signed claims that, if found to be lies, could put them in a jail cell for years.  THAT has never happened before in America.  The response from the Democrats was to mock, jeer, and bring great pressure to bear to suppress any transparency.  That was their choice.  The investigations need to continue and need to be transparent.  The results should be made public.  

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Manwon Lender
Posted (edited)
38 minutes ago, and then said:

Regardless of the verdict in this trial, his career is over but he will be a hero to millions if the idiots in DC decide to publicize and demonize his choice of protesting.  As for him not being a patriot, I'm pretty sure that those who fought in our Revolution were considered to be brigands and outlaws committing treason against the Crown.

Some of the more vocal here on this topic should probably refresh their memories about how this nation was born and WHY it was born...

But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government.

I find it somewhat illogical that an American would stand so firmly against people today who invoke these words because of their perceptions of tyranny by our government.  90% of this kind of chaos could have been avoided had the courts taken up the claim of cheating and thoroughly investigated the sworn testimony of nearly 900 citizens who signed claims that, if found to be lies, could put them in a jail cell for years.  THAT has never happened before in America.  The response from the Democrats was to mock, jeer, and bring great pressure to bear to suppress any transparency.  That was their choice.  The investigations need to continue and need to be transparent.  The results should be made public.  

I know you still truly believe the Conspiracy Theories that have been promoted since the election. Even though they have been debunked, and since Conspirators who promoted these theories have since said publicly they were false and totally concocted claims. I do agree that Treason by a President of the United States has never occurred before and I doubt it will ever occur again.

Peace

 

Edited by Manwon Lender
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South Alabam
8 hours ago, and then said:

I hope his treatment serves as a heads up for other patriots of what to expect from their "government" going forward.

You obviously didn't read the article of all he did and is charged with. Not a "Patriot" but a gullible Trump believer. 

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South Alabam
7 hours ago, OverSword said:

He also took an oath to defend the constitution from all enemies foreign and domestic.  If he thought an election had been stolen, then...............

.........he listened to a fool, who still has no proof, just claims.

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Manwon Lender
Posted (edited)
8 hours ago, OverSword said:

He also took an oath to defend the constitution from all enemies foreign and domestic.  If he thought an election had been stolen, then...............

Trust me there is no then_____________The moment he took part in the Insurrection that occurred on 6 January 2021 he through his military career away, he through his freedom away, and he became a blight on the office he swore his oath too. After the civil authorities are done with his prosecution he will face a Court Marshal under the UCMJ. As far as the crimes he committed are concerned, he could only go a single step farther down the ladder and that would be being caught selling secrets to the enemy. 

Edited by Manwon Lender
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Desertrat56
10 hours ago, and then said:

Regardless of the verdict in this trial, his career is over but he will be a hero to millions if the idiots

you mean millions OF the idiots...

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OverSword
11 hours ago, psyche101 said:

Then he is a complete idiot and shouldn't be in the position he is. 

I didn't say otherwise.  I didn't endorse his actions I just think that he believed he was acting as a patriot.

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OverSword
7 hours ago, South Alabam said:

.........he listened to a fool, who still has no proof, just claims.

Never said otherwise.  I just don't think in his mind he's a traitor and I don't think many of us are in the position to call a person a traitor who served twenty years as an officer in the marines and quite a few of those years deployed in combat.  Wrong?  Yes.  Naïve? Yes.  Traitor?  That's a strong word.

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OverSword
Posted (edited)
7 hours ago, Manwon Lender said:

Trust me there is no then_____________The moment he took part in the Insurrection that occurred on 6 January 2021 he through his military career away, he through his freedom away, and he became a blight on the office he swore his oath too. After the civil authorities are done with his prosecution he will face a Court Marshal under the UCMJ. As far as the crimes he committed are concerned, he could only go a single step farther down the ladder and that would be being caught selling secrets to the enemy. 

 

I don't disagree with anything you said.  I'm not prepared to call him or any of the other January 6th rioters a traitor, that's all.  If any of them including this guy are tried for treason I'll send you a frozen Salmon.  If not you can send me your wife's frozen kimchi.  I hope it's spicy :yes:

Edited by OverSword
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toast
18 hours ago, and then said:

I hope his treatment serves as a heads up for other patriots of what to expect from their "government" going forward.

Only all-around-idiots, like him, didnt know of what to expect after the forcible entry into a government building.

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