Has Joni Ernst broken military protocol?

TSgt Joshua Copeland — Wed, 21 Jan 2015 18:15:56 -0500

"Ernst has opened the door to hold herself up to these military standards. She cannot divorce herself from being actively in the U.S. military while using her rank and position as a political strategy. All the people she commands still look up to her as a role model throughout this time."

http://www.desmoinesregister.com/story/opinion/abetteriowa/2014/10/30/joni-ernst-military-protocol/18208453/

Wikert: Has Joni Ernst broken military protocol?

The people in the chain-of-command above Lt. Colonel Ernst deserve the same respect, that by military law, she demands of those who serve under her.

Response by Capt Richard I P. made Jan 21 at 2015 6:47 PM

Capt Richard I P. — Wed, 21 Jan 2015 18:47:38 -0500

Yeah, I'd say she needs to go one way or the other, lay off playing up the currency of military service in the NG or tone down the rhetoric.

Response by CPT Private RallyPoint Member made Jan 21 at 2015 7:03 PM

CPT Private RallyPoint Member — Wed, 21 Jan 2015 19:03:54 -0500

I wonder if she:
1- Checked with the JAG for the NG to announce her intentions before running for the post?
2- Sought advice from the RNC's legal team before appearing on TV?

Response by CW5 Private RallyPoint Member made Jan 21 at 2015 7:21 PM

CW5 Private RallyPoint Member — Wed, 21 Jan 2015 19:21:17 -0500

I think the National Guard has different rules from the active force. I'm not advocating being disrespectful towards the Commander in Chief, but I think there are different rules for NG members who decide to run for office.

There have been other political figures (Senators, Congressmen and women) who were Reserve and National Guard officers, so it must be allowed.

I found this article about the topic:

http://usmilitary.about.com/cs/militarylaw1/a/milpolitics.htm

At that link it says the following:

It should be noted that these prohibitions do not apply to members of the National Guard or Reserves, unless they are currently serving on active duty. For the purposes of political activity restrictions, DoD defines active duty as: Full-time duty in the active military service of the United States regardless of duration or purpose, including:

Full-time training duty;

Annual training duty; and

Attendance, while in the active military service, at a school designated as a Service school.

What Can Military Members Do and Not Do in Politics

I receive a lot of questions about what military members are allowed and not allowed to do when it comes to politics. Federal Law (Titles 10, 2, and 18, United States Code), Department of Defense (DOD) Directives, and specific military regulations strictly limit a military active duty person's participation in partisan political activities.

Response by CPT Zachary Brooks made Jan 21 at 2015 8:55 PM

CPT Zachary Brooks — Wed, 21 Jan 2015 20:55:09 -0500

So out of curiosity, why haven't they mentioned Tulsi Gabbard?

She is a National Guard CPT in the Hawaii guard and serves as a US Representative (and on the Armed Forces committee too).

Has she broken military protocol? Or is this all the standard political bias? (Gabbard is a Democrat and Ernst is a Republican)

Response by CPT Jack Durish made Jan 21 at 2015 10:03 PM

CPT Jack Durish — Wed, 21 Jan 2015 22:03:21 -0500

It's tempting to dismiss criticism of Sen Ernst's behavior as nothing more than a vendetta by those holding opposing political and ideological viewpoints. It's just as easy to dismiss those who support her as being inclined to ignore her alleged infractions for the same reason. Thus, I acknowledge that I am walking a fine line when I support her and render my opinion that she is in compliance with her duties and the regulations.

The simple fact is that she has said nothing that isn't a self-evident fact. We are lost the day it becomes unlawful (or mutinous) to state the truth. Everyone has the right to defend themselves. This right is not granted by the Constitution. It is a natural or God-given right. If those higher on the chain of command wish to interpret that point as being mutinous, it is more likely that they are failing in their obligation to not infringe on individuals right to defend themselves. In other words, they are the ones guilty of mutiny.

That's my humble opinion...

Response by LTC Yinon Weiss made Jan 21 at 2015 10:05 PM

LTC Yinon Weiss — Wed, 21 Jan 2015 22:05:53 -0500

As a member of the Iowa National Guard, she is actually only subject to UCMJ while on Federal orders. She is instead subject to the Iowa Code of Military Justice.

From my brief reading of it (and I'm not a lawyer), there is nothing in the code about the Commander In Chief.

29B.88 INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER.
Any warrant officer or enlisted member shall be punished as a court-martial may direct if the person does any of the following:
1. Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of the officer's office.
2. Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer.
3. Treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of the officer's office.

Reference:

http://coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service=IowaCode&ga=83&input=29B

Response by TSgt Joshua Copeland made Jan 22 at 2015 6:39 AM

TSgt Joshua Copeland — Thu, 22 Jan 2015 06:39:23 -0500

Just for clarity, I personally dont think Senator Ernst has violated the UCMJ. I seen the article and thought it would be a good topic of discussion for us here on RP.

Response by 1SG Private RallyPoint Member made Jan 22 at 2015 6:27 PM

1SG Private RallyPoint Member — Thu, 22 Jan 2015 18:27:15 -0500

She's a National Guard member. She is not subject to the UCMJ unless federalized. She's not even subject to the Iowa Code of Military Conduct unless she's under orders (usually drill weekends and Annual Training.

Her Commander in Chief, absent appropriate orders, is Governor Branstad, not President Obama.

Response by PO1 Kevin Dougherty made Jan 22 at 2015 6:58 PM

PO1 Kevin Dougherty — Thu, 22 Jan 2015 18:58:45 -0500

Some interesting responses. My initial take on it was all else aside as a member of Congress she is in a unique position. I think some latitude needs to be allowed when she is speaking as a candidate now Senator. Many have already observed that she is not on active duty, and thus not subject to the USMJ. If she is called up for some reason, that might lead to some interesting situations.

Response by PO3 Private RallyPoint Member made Jan 22 at 2015 7:07 PM

PO3 Private RallyPoint Member — Thu, 22 Jan 2015 19:07:43 -0500

Here's a photo of the article's author. I'm SURE he is unbiased...

Response by TSgt Joshua Copeland made Jan 22 at 2015 7:20 PM

TSgt Joshua Copeland — Thu, 22 Jan 2015 19:20:51 -0500

Maj Private RallyPoint Member, Sir, just curious, why the down vote?

Response by Maj Private RallyPoint Member made Jan 22 at 2015 7:47 PM

Maj Private RallyPoint Member — Thu, 22 Jan 2015 19:47:39 -0500

It is so painful to listen to or read non-lawyers trying to be legal scholars and opine on the things they know nothing about as if they were some "constitutional Law Scholar". It is even more painful when they use the pretext of the law to make partisan attacks on an individual they disagree with politically. This area has been reviewed numerous times by DID lawyers during every election cycle. The UCMJ only applies to Reservists and National Guard when drilling or activates. The military has no jurisdiction over them when acting in their civilian capacity. Thee are detailed guidelines for Guard and Reserve when they run for office. They can not wear the uniform to political events, they can not do anything to imply they have the an endorsement of DOD. Listing past military accomplishment or identifying a current affiliation and grade are not a violation of these guidelines, though insisting on use of military title in all situations probably would be getting much closer. If anyone would like me to go into a much deeper discourse off-line about political speech and election/campaign guidelines for military personnel I can gladly do so. The article that inspired this thread however is a bad attempt to use misinterpretations and applications of law as cover for a political attack and partisan splen letting. And just to make this clear, I make this post in my private capacity. Nothing stated by me should be presumed to be in anyway representative of DOD's official positions or endorsed by DOD in any way.

Response by SSG Private RallyPoint Member made Jan 22 at 2015 8:09 PM

SSG Private RallyPoint Member — Thu, 22 Jan 2015 20:09:31 -0500

DoD Instruction 1344.10 February 19, 2008USD(P&R) SUBJECT: Political Activities by Members of the Armed Forces should about cover who can or can't do what in regards to politics. Most of the services have some policy regarding political activity.

List of current Veterans in Congress but does not list who is still an active service member:
https://veterans.house.gov/veterans-congress-114th-congress

As for my view on politicians, I haven't found one I can get behind on. I hear a lot of saying one thing and doing another.

Veterans in Congress (114th) | House Committee on Veterans' Affairs

Response by SPC Larry Buck made Jan 22 at 2015 8:21 PM

SPC Larry Buck — Thu, 22 Jan 2015 20:21:38 -0500

Question, don't guys do it all the time?

Response by MAJ Private RallyPoint Member made Jan 22 at 2015 9:24 PM

MAJ Private RallyPoint Member — Thu, 22 Jan 2015 21:24:43 -0500

Reference Article 1 Section 6, U.S. Constitution:

"The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."

The Congresswoman was speaking in her official capacity as a member of the House of Representatives. She is thus accorded the privilege of immunity afforded any other member of the legislative branch.

I got my law degree from the University of Fort Benning School of Pain, and I did stay at a Holiday Inn Express.

Response by MSgt Private RallyPoint Member made Jan 24 at 2015 1:58 PM

MSgt Private RallyPoint Member — Sat, 24 Jan 2015 13:58:33 -0500

Not everyone would have the same opinions as the author. And I suppose it would greatly depend on what side of the isle you are on. I think there is a very fine line you walk. You are after all not only serving the military but now your states constitutes. And you can't repersent them by not voicing an opinion. But I do belive you have to be carefull and not be purposely derogatory or vulgarly disrespectful to your peers and the President. But you must be able to voice unpopular factual opinion to properly repersent your consituates.

Response by SPC Lyle Montgomery made Dec 8 at 2021 2:26 PM

SPC Lyle Montgomery — Wed, 08 Dec 2021 14:26:37 -0500

How come she can't coment but traitors like Gen Milley can?