Should the POTUS be Subjected to Lesser Punishment than Soldiers?
 

The title is the question. If the POTUS were convicted of the very same crime as a soldier, should he or she receive the same punishment?

Is the Commander-In-Chief subject to punishment under military law? Are military laws, prosecution processes and proscribed punishments identical for all branches of military service?

As CIC the POTUS is part of the military. As to whether or not he is subject to the same laws, I will leave that to the lawyers.

From a practical approach though, should the POTUS be subject to the same punishment as a soldier if both were convicted of the same crime? Does the POTUS have special privilege that the eleven bravo does not have?

Same crime in same circumstances with the same judge and jury, sure why not? Of course this would be impossible, so it's a rather pointless comparison.


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If the United States is involved in a congressionally-sanctioned war, utilizing all branches of the military, and the Commander-In-Chief deserts his White House Post for a weekend at Camp David, should he be prosecuted for desertion under the laws of:

U.S. Navy?
U.S. Army?
U.S. Marines?
U.S. Air Force?

Should he be tried subject to ALL of the separate laws and proscribed punishments of all of these military branches? Would such a prosecution be considered double jeopardy?

No, CIC is an elected position. That position should never be held to military rules or regs.

Real simple...CIC is a civilian.

1) Google is a pretty good resource for such questions.
2) POTUS is not subject to the jurisdiction of any criminal court in the US, federal or state, under the separation of powers provisons, however there has been no definitive opinion by the USSCt.
3) POTUS is not a member of military service and is therefore exempt from the UCMJ.

^^

See other posts, it's impossible. Honestly I was very curious to see where Larry was headed with this.


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Now, I would label this "trolling" . . . ;) :D

In Larryworld.;)

Where am I headed with this? I want to know if you think that the POTUS should be subject to the same punishment as someone who is NOT the POTUS. This is a practical question not meant to draw a bunch of lawyer speak about whether he is subject to the UCMJ or not.

Basically should the POTUS have special privilege as compared to the punishment for the same crime committed by a non president?

This is not a complicated question folks.

Committed by a non-president civilian or non-president member of the military? Would this be limited to the violation of federal laws, or would it include the violation of laws enacted by state and local legislature?

If the President is pulled over by a county mountie for doing 71 in a 55, then yes, I think that he should be presented with the same traffic ticket that Bergdahl would receive under the same circumstances. As a matter of fact, if Bergdahl WAS pulled over, I think that county Mountie should be damn curious as to what Bergdahl was doing driving the Presidential limousine...