The case against Donald J. Trump as commander in chief

Aside from being an accomplished conscientious objector, one who views our war fighters as “suckers and losers,” and a convicted felon, there are other key reasons why Donald Trump is ineligible for commander in chief.

The Uniform Code of Military Justice is the foundation of military law in the United States and provides the basis for military trials. It applies to the armed and uniformed services of the United States. Established in 1950, the UCMJ is a comprehensive collection of criminal laws that establishes the procedures for courts-martial, the military tribunal that enforces criminal law.

The Constitution provides: “The President shall be Commander-in-Chief (CINC) of the Army and Navy of the United States, and of the Militia of the several States…” Although the CINC is not subject to the UCMJ, it must meet a higher standard of conduct than those subject to the command of the United States CINC.

The UCMJ punishes civil crimes (e.g. murder, rape, drug use, theft, drunk driving, etc.) and punishes behavior that impairs order and discipline – for example, behavior unbefitting an officer or gentleman (applies to both for women as well as for men). officers). Conduct unbecoming an officer and gentleman means any act or behavior that dishonors or embarrasses the person or endangers his or her reputation as an officer.

High standards of personal and professional behavior are placed on military leaders. They are expected to maintain the highest standards of responsibility, reliability and leadership, and the Services will hold them accountable if they fail to meet these standards. Over the past 18 months, dozens of commanders, commanding officers and senior enlisted personnel have been removed for conduct that violated good order and discipline and led to a loss of confidence in their leadership abilities. These reliefs also ruined the distinguished careers of experienced warfighters. In many cases, leaders were removed for relatively minor infractions. None of these for-cause appeals came close to the seriousness of the 34 crimes for which Trump was convicted — not to mention the other charges that have not yet been adjudicated.

Without recounting all of Trump’s legal challenges and the way these crimes would be treated under the UCMJ, let’s consider, by comparison, the way the UCMJ treats relatively minor violations – such as breach of trust. Disloyalty in the military is a criminal offense. The defendant must have engaged in sexual conduct with someone other than his or her spouse. Penalties include a dishonorable discharge, forfeiture of all pay and benefits, and up to one year in prison.

Perhaps the most important of all the offenses in connection with this matter is conduct unbecoming an officer and a gentleman. The UCMJ treats inappropriate conduct as a broad spectrum of conduct, including dishonesty, unfair dealing, indecency, lawlessness, injustice, cruelty, false statements, and the use of offensive or defamatory language. The purpose of the article is to discourage conduct that dishonors the military and endangers an officer’s ability to command. Violations may result in court-martial and penalties that may include one year in prison and loss of benefits, status, salary and allowances.

Unbecoming conduct may be most relevant to Trump’s authority to be commander in chief and exercise control over members of the armed forces – particularly when it comes to the overall culture of military discipline. A service member accused of one of Trump’s alleged crimes, particularly those involving classified information, would face immediate compensation for cause, even before a court-martial is considered. An actual conviction for any of these crimes would also prevent anyone from joining the military under any circumstances.

The military principle of good order and discipline refers to the high standards of behavior to be maintained by military personnel. It is considered a decisive factor for operational success and distinguishes the military from other societies. The shocking truth is that Trump’s failure to meet these standards is creating a crisis of confidence in his leadership abilities and making him completely unfit to be commander in chief.

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