Brian McGinnis was detained at the US Capitol in Washington DC on Tuesday, 4 March, after interrupting a Senate Armed Services subcommittee hearing in full US Marine Corps uniform, prompting a flurry of online claims that the anti‑war protester could face military charges under the Uniform Code of Military Justice.

The news came aftervideos from the hearing showed Brian McGinnis, a veteran and firefighter from North Carolina, shouting against the Iran war before being dragged outof the room by US Capitol Police officers. At one point, he appeared to be caught in a door and injured his arm, whileMontana senator Tim Sheehy was seen stepping in alongside security to help restrain him. The hearing, held by the Subcommittee on Readiness and Management Support, was examining the current readiness of the Joint Force.

Images of McGinnis in what looked like a Marine dress uniform were enough to ignite a particular nerve online. Conservative commentators and self‑described former service members lined up on X to demand that he be hauled back under military law, accusing him of disgracing the uniform and breaching federal and Pentagon rules on political activity.

One user posted a clip of the scuffle and asked bluntly: 'He did this in uniform any UCMJ options?' Another wrote under a recent fundraising post from McGinnis: 'So!! You think its ok to violate UCMJ by protesting in uniform? You do know they are going to cone after you for this and you will be dealt with.'

That instant certainty, though, runs into a rather prosaic legal wall.

He did this in uniform any ucmj options?https://t.co/0NabzhRPWu

For context, the Uniform Code of Military Justice, or UCMJ, is the criminal code that governs active‑duty US service personnel. It can apply in some cases to reservists and, in limited circumstances, to certain retired members, but it generally does not apply to veterans who left the armed forces years earlier.

McGinnis served in the Marine Corps between 2000 and 2004, according to one X user who tagged the official USMC account while denouncing his protest. That user insisted he was 'in blatant violation of MCO 1020.34H, DoD Directive 1344.10 and Federal statute 10 U.S.C. § 772', adding: 'He has disgraced the uniform and should be immediately recalled to face court martial.'

Others were even more direct. One commenter declared: 'McGinnis, should also, be under UCMJ investigation as well for wearing a US Military uniform while protesting. Which is against UCMJ. He can be charged under UCMJ Article 807 and others.' Another wrote: 'If that is indeed Brian McGinnis, he's a total douche bag.... If he wants to wear his uniform and act out, then recall him to active duty and court martial him for any number of UCMJ violations related to his conduct while wearing it. One man's opinion.'

Supporters of McGinnis pushed back, pointing out what military lawyers also note: once a Marine leaves the service, they are no longer subject to the UCMJ in the ordinary course of events. One user summed up that view in a single line: 'He's a veteran NOT active duty he can do what ever he wants in that uniform and not have to abide by the UCMJ.'

Source: International Business Times UK