Posted on Feb 9, 2015
Pvt Richard Hy
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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.
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Responses: 6
COL Vincent Stoneking
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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.
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Pvt Richard Hy
Pvt Richard Hy
9 y
Thank you LTC(verify), that makes sense and clarifies the chain of command. This is why you make the big bucks!
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SGT Jim Z.
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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.
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Sgt Aaron Kennedy, MS
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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.
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Pvt Richard Hy
Pvt Richard Hy
9 y
Well said Sgt Aaron Kennedy, Thank you.
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