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  #1  
Old 06-04-2014, 01:56 PM
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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?

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  #2  
Old 06-04-2014, 02:02 PM
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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?
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Old 06-04-2014, 02:05 PM
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  #4  
Old 06-04-2014, 02:21 PM
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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?
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  #5  
Old 06-04-2014, 02:29 PM
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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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  #6  
Old 06-04-2014, 02:35 PM
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Quote:
Originally Posted by tbomachines View Post
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?
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  #7  
Old 06-04-2014, 02:36 PM
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No, CIC is an elected position. That position should never be held to military rules or regs.
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  #8  
Old 06-04-2014, 02:38 PM
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Real simple...CIC is a civilian.
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  #9  
Old 06-04-2014, 02:39 PM
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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.
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  #10  
Old 06-04-2014, 02:43 PM
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Originally Posted by MTI View Post
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.
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Quote:
The UCMJ is a federal law, enacted by Congress. The law requires the Commander-in-Chief (The President of the United States) to implement the provisions of the UCMJ. The President does this via an executive order known as the "Manual for Court Martial" (MCM).
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  #11  
Old 06-04-2014, 02:44 PM
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Originally Posted by P.C. View Post
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?

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


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  #12  
Old 06-04-2014, 03:01 PM
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Originally Posted by tbomachines View Post
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" . . .
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  #13  
Old 06-04-2014, 03:01 PM
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Quote:
Originally Posted by tbomachines View Post
See other posts, it's impossible. Honestly I was very curious to see where Larry was headed with this.


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In Larryworld.
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  #14  
Old 06-04-2014, 03:09 PM
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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.
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  #15  
Old 06-04-2014, 03:11 PM
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Quote:
Originally Posted by Air&Road View Post
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...

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