Is the President accountable under the UCMJ?

[navy_gnome]

What is the name of your state? California

Can the President, as Commander in Chief, be court martialed under the articles of the UCMJ for malicious intent to conspire to deceive the armed forces in the contrivance and issuance of unlawful orders for the escalation of the Iraq war?What is the name of your state?

[RealAmerican]

To answer your question, No. To give some legal advice, marijuana is not legal so stay off the dope loser. Try that Kanye West rhetoric in some other forum.

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."

[xylene]

Originally Posted by navy_gnome

What is the name of your state? California

Can the President, as Commander in Chief, be court martialed under the articles of the UCMJ for malicious intent to conspire to deceive the armed forces in the contrivance and issuance of unlawful orders for the escalation of the Iraq war?What is the name of your state?

Correct answer -

Not exactly.

The president is not subject to the UCMJ in the way you imagine.

The president can be impeached by the congress.

[seniorjudge]

Originally Posted by xylene

Correct answer -

Not exactly.

The president is not subject to the UCMJ in the way you imagine.

The president can be impeached by the congress.

And if impeached, then he must be convicted.

[bivee]

I'm with realamerican on this one, also my husband is retired navy and is sadened by your question. So sad that you may possibly serve our country but obviously not our best interests.....

[fozzy2]

No, for two simple reasons:

#1. As a practical matter the president is not under UCMJ jurisdiction. In theory he (or she) might appear to qualify in certain circumstances, but if ever put to the legal test (i.e. litigation) the courts would almost certainly say "No Way." There has never been specific case law that I'm aware of, and I doubt the U.S. military is going to try it.

#2. There is no such charge as "malicious intent to conspire to deceive the armed forces in the contrivance and issuance of unlawful orders for the escalation of the Iraq war." Things like "malicious intent" and even outright "lying" are not violations of the UCMJ. Troops are often lied to. It is generally not illegal. To the extent that you believe the invasion of Iraq is itself illegal, the courts will call it a "political question."

As the state of the law currently stands, a U.S. president can start a war under any circumstances with anyone he wishes with no permission from anyone. Unless his subordinates refuse to follow his orders, and/or unless congress takes very specific action to prevent/halt him. The courts will refuse to intervene, "plain language" of the U.S. constitution notwithstanding.