2 ms·
> as an officer So, comparing with the US UCMJ[0], what would Captain Solzhenitsyn have faced if he had been subject to the US DoD[1] instead of the tender mer
by 082349872349872 2y ago
> as an officer
So, comparing with the US UCMJ[0], what would Captain Solzhenitsyn have faced if he had been subject to the US DoD[1] instead of the tender mercies of SMERSH[2] and the NKVD?
Conspiracy to commit sedition (Arts. 81 & 94 UCMJ) would seem to be the equivalent charge.
https://www.law.cornell.edu/uscode/text/10/881 https://www.law.cornell.edu/uscode/text/10/881
https://www.law.cornell.edu/uscode/text/10/894 https://www.law.cornell.edu/uscode/text/10/894
Under the principle that conspiracy conviction invites maximum sentencing, it looks to me[3] as though Art.94(b) calls for the death penalty.
He (or his coconspirator) would, of course, have had to commit an overt act for the purpose of bringing about the object of the conspiracy. However, for the purposes of the UCMJ this act need not be illegal in itself, and considering that the NKVD based their sentence of 8 years labour camp on his having founded a hostile organisation (SFSR Penal Code Art.58-11), I'd guess the charge would've also gone through had he been a US Officer making arguably concrete plans for revolution?
[0] not adopted until 1951, but that's a minor quibble in our counterfactuality
[1] again, I believe this was still named the War Department at the time
[2] military personnel in the US are aware that their correspondence is subject to censorship; surely their Red Army counterparts would also have known that censorship implies reading — even if some (at least 2) were too arrogant to foresee the consequences?
[3] IANAL, let alone a military lawyer