Can the POTUS be charged with Dereliction of Duty as CinC? What would constitute this and what might the ramifications be?

Pvt Richard Hy — Mon, 09 Feb 2015 00:25:28 -0500

I am not looking to hang any one out to dry on this, but I know the rank and file have been charged in the past and was wondering if this goes straight to the top or not. Every one has an opinion if they see wrong doing, esp if lives are in the balance as a result of action/inaction taken by those in charge.

Response by LCpl Mark Lefler made Feb 9 at 2015 12:54 AM

LCpl Mark Lefler — Mon, 09 Feb 2015 00:54:46 -0500

also in terms of politicians I'm sure dereliction of duty or any other crime that can be opinion based would be just that an opinion... to me he's been great, clearly to you not so much. to me members of the house and senate need to be charged with treason, but that's an opinion probably not a fact.

Response by SSG Private RallyPoint Member made Feb 9 at 2015 1:48 AM

SSG Private RallyPoint Member — Mon, 09 Feb 2015 01:48:00 -0500

As a political leader, any charge of dereliction of duty would be based on peoples political views. For that reason, I don't believe a dereliction of duty charge could ever stick... If you don't like the Presidents politics, the proper place to get rid of him (and/or his successor) is in the next election.

Response by SGT Jim Z. made Feb 9 at 2015 8:09 AM

SGT Jim Z. — Mon, 09 Feb 2015 08:09:46 -0500

No he is a civilian and is not held to the UCMJ however, he is held to the United States Code, the United States Constitution.

Response by COL Vincent Stoneking made Feb 9 at 2015 10:35 AM

COL Vincent Stoneking — Mon, 09 Feb 2015 10:35:12 -0500

No, He cannot be so charged.

At no time will he be subject to the UCMJ, not being a member of the Armed Services. The POTUS is not AT the top of the military chain of command. He is ABOVE the top of the military chain of command. While he can command the military (CinC), he is NOT part of it.

While a sitting President, he can be impeached and convicted (two separate things, from two different houses of congress) of high crimes and misdemeanors. He can also be sued as an individual. It MIGHT be possible to bring criminal charges against him while sitting, though I believe any action on them would be deferred until his term(s) was complete.

Response by Sgt Aaron Kennedy, MS made Feb 9 at 2015 10:49 AM

Sgt Aaron Kennedy, MS — Mon, 09 Feb 2015 10:49:12 -0500

Congress can "sue" him to do specific things, however he does have what is referred to as "Enforcement Discretion" & "Prosecution Discretion" as head of the Executive Branch.

In other words, he doesn't have to do "everything" exactly as written. He has the ability to "interpret" laws, and dedicate resources in the best ways.

For example, Congress passed the Controlled Substances Act:

http://en.wikipedia.org/wiki/Controlled_Substances_Act

He is currently not enforcing parts of it (Recreational Marijuana in CO & WA). Enforcement Discretion.

We have also seen "Prosecution Discretion" which is something as simple as letting someone off with a verbal warning rather than a speeding ticket. Sometimes it costs more to conduct a trial than the crime is worth.

So that said, the President can argue that he is well within his powers NOT TO DO SOMETHING. That it actually makes sense to ignore a specific duty for the "greater good" because he is focusing resources to something more important.

Response by SGM Bill Frazer made Mar 6 at 2018 11:28 AM

SGM Bill Frazer — Tue, 06 Mar 2018 11:28:55 -0500

NO- they are not military and are not bound by UCMJ- and the definition of Dereliction would be damn hard to prove, because anyone not at that level, would not have all the skinny on what, why.