Communists at West Point

cmhbob

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This has blown up over the last day or so. I heard about it from a military forum where I hang out.

West Point graduate 2nd. Lt. Spenser Rapone graduated from the Point in May of 2016. Somehow these pictures just came to light, showing him with a Che shirt on under his dress uniform as well as "Communism will win" written on the inside of his cover. His social media feeds are full of communist writings, and he at one point posed for a photo in uniform wearing a Combat Infantry Badge that he was not awarded.

Google search

2LT Rapone is currently assigned to the 10th Mountain Division and is apparently awaiting a spot in a Ranger School class. His chain of command has opened an investigation, and West Point is standing by to assist in any way possible.

What's troubling to be is not that he made these posts and comments, but that his comrades-in-arms did not have the honor to report him to Academy staff. He apparently didn't make a secret of his beliefs around hsi friends, so why didn't they do their duty and report it?

If court-martialed for his comments regarding the Secretary of Defense, he faces a year in prison. He may also be on the hook for his Academy tuition.
 

blacbird

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he at one point posed for a photo in uniform wearing a Combat Infantry Badge that he was not awarded.

That is probably his biggest transgression. His "beliefs" are a more controversial matter, in terms of military discipline. But you don't display an honor you haven't earned.

caw
 

cornflake

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Oy gavult.

Report him for a tweet? Why do you assume they all knew about it?
 

Marlys

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The only offense I see here is wearing a badge he's not entitled to, unless the comments he made about the Secretary of Defense are actionable (you don't say what they are, so it's hard to tell). In America, you aren't required to belong to a particular political party to serve.
 

Lyv

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I'm going to go out on a very sturdy limb here and assume that his pro-Kaepernick motivation is part of the reason this is getting so much press.
 

Roxxsmom

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Is it illegal for service members to belong to a particular party or movement? Is his brand of Communism about overthrowing the Constitution (service members take an oath to uphold the Constitution), or is he about working within the existing system to elect politicians who favor communist approaches to economics? What are the rules about service members blogging and tweeting about their political beliefs when they are out of uniform and off duty? I know service members do waive some of their free speech rights with regards to criticizing their command structure and the government, but how far does that go? Would the same sanctions be levied against a service member who was outspoken about his support for right-wing politics, or for any other political belief?

It's certainly true that wearing a badge he didn't earn is against policy and should be sanctioned, but how far do we go to curtail free speech by soldiers, and is it applied equally to all political viewpoints?
 
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cornflake

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The only offense I see here is wearing a badge he's not entitled to, unless the comments he made about the Secretary of Defense are actionable (you don't say what they are, so it's hard to tell). In America, you aren't required to belong to a particular political party to serve.

The actionable part is apparently dissing the SecDef yeah, which is punishable if done while on duty, which apparently they consider social media to be? Doesn't make sense to me, but that's apparently his big offense -- a tweet calling Mattis bad names. It wasn't on duty or in uniform.
 

cmhbob

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Making political speech in uniform is also actionable. I think this qualifies

If I recall correctly, membership in the CPUSA should have been disclosed during his security clearance interview. If he lied, that's actionable. If he wasn't a member at the time but joined while a member of the military, he should have disclosed that.

It's far more than just a tweet.
 

Twick

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Making political speech in uniform is also actionable. I think this qualifies

Yes. Membership in the U.S. military does require giving up some free speech rights. And communist states have never hesitated to exploit American supporters to provide information, despite the risks to these people. So there is, even still, a significant reason why the military would be concerned about a communist member.
 

James D. Macdonald

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Article 88 of the UCMJ states:

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

Not a word about on duty, off duty, in uniform, or out of uniform. The maximum penalty if convicted is forfeiture of all allowances and pay, dismissal from the armed services, and confinement for not more than one year.

Remember that the Bill of Rights does not apply to the military. The military falls under a different section of the Constitution entirely: Article One, Section 8. "The Congress shall have Power ... To make Rules for the Government and Regulation of the land and naval Forces...."
 

CWatts

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The only offense I see here is wearing a badge he's not entitled to, unless the comments he made about the Secretary of Defense are actionable (you don't say what they are, so it's hard to tell). In America, you aren't required to belong to a particular political party to serve.

This. I am far more concerned by white supremacists serving, also religious extremists like the Fort Hood mass shooter or the chaplain who made headlines recently by claiming that tolerating non-Christians "serves Satan". http://www.newsweek.com/chaplain-urges-service-members-reject-religious-tolerance-665614
 

James D. Macdonald

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It's up to a Court Martial board to determine if his comments about the Secretary of Defense were, in fact, contemptuous under Article 88.

He could also be charged under Article 92, Failure to obey order or regulation:

Any person subject to this chapter who—(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.

I'm pretty sure that a Che tee-shirt isn't a regulation undergarment.

Regardless, he's looking at Article 133 (Conduct Unbecoming) and 134 (the General Article):

Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

and

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
 

cornflake

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Making political speech in uniform is also actionable. I think this qualifies

If I recall correctly, membership in the CPUSA should have been disclosed during his security clearance interview. If he lied, that's actionable. If he wasn't a member at the time but joined while a member of the military, he should have disclosed that.

It's far more than just a tweet.

Who said he's a member of the Communist Party?
 

Marlys

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I can't for the life of me see if it would matter which party he belongs to, or his political leanings. Yes, if he broke regulations in his actions or speech, he can be punished for that. But the brouhaha about him being a Communist is bizarre.
 

Helix

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If he's not a member, he's doing a pretty fair imitation of someone who is.

He might be a member of a Communist Party*, but I'm not sure that holding up a copy of the Communist Manifesto and wearing a Guevara t-shirt are evidence of membership.

I think Uncle Jim is closer to the mark.

*I've held up a copy of the Communist Manifesto without actually being a member of the Communist Party (whatever the Communist Party is nowadays, so many, many factions). I have a collection of Che Guevara postcards that I bought at the Museo de la Revolucion in Cuba. Fascinating place.
 

cornflake

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If he's not a member, he's doing a pretty fair imitation of someone who is.

Really?

I've read the Democratic Party Platform, which required holding it. I'm not a Democrat.

Also, saying you're a communist doesn't mean you're an actual member of the Communist party, any more than saying you're a liberal means you're registered as a member of the Liberal party or saying you're going green means... you can believe in the ideals of something without obtaining membership. One has nothing to do with the other.

I also think it is profoundly stupid to still be asking people if they're members of the Communist party, or caring if they would be. We seriously are still doing that?
 
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Lyv

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Maybe I missed something, because the link in the OP was to a Google search and I read selected articles, but who are the other "Communists at West Point?" Rapone and...?
 

cmhbob

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This is still being investigated.

Daily Caller has a piece up from several days ago with links to at least one sworn statement from the USMA (and retired Lieutenant Colonel) who encountered then-Cadet Rapone back in 2015. USMA has perviously made it sound like they were unfamiliar with 2LT Rapone, but this statement from LTC Heffington sure makes it sound otherwise.

What's somewhat more troubling to me as a vet is this open letter from LTC Heffington regarding conditions at USMA. I think there's a crisis there, and I don't use that term lightly. If a service academy can't or won't instll the proper standards in its students, then what's the point of that service academy?