Posted on Nov 11, 2016
Is it a violation of the UCMJ for an AD SM to call for overturning the results of the election via Faithless Electors?
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Edited 8 y ago
Posted 8 y ago
Responses: 29
No, I see no military infraction, just poor judgment. IMO, 1st amendment applies.
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MCPO Roger Collins
LCDR Thomas Doherty (USNR-R Ret) - You are spinning your wheels, CDR. His mind is made up. Sedition is a real stretch, the Constitution doesn't note faithless electors and article 88 is a stretch, even if it were used for a Commissioned Officer.
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LCDR Thomas Doherty (USNR-R Ret)
Ya, well within the limits of allowed speech. You can give money to the a PAC, you can speak.
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I'm going to wait and see what JAG (someone on here is JAG says). Until then I'd heed some wise words I remember as a young troop "You can do whatever your collar can support". My collar cannot support much.
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SN Greg Wright Here is a great article that covers most of the do's and don'ts for active duty personnel when it comes to politics. There are specific UCMJ Articles quoted here, directives, and policy letters that have been published. Check this out. I owe you a vote up as well - all out for the day already!
http://www.court-martial.com/ucmj-and-politics.html
http://www.court-martial.com/ucmj-and-politics.html
UCMJ And Politics :: US Military Political Violation Lawyer Philip D. Cave
Free Consultation - Call (800) 401-1583 - Philip D. Cave is dedicated to serving our clients with a range of legal services including Military Political Violation and UCMJ Defense cases. UCMJ And Politics - US Military Political Violation Lawyer
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SSG Will Phillips
I would defer to the Colonel's judgement. However, as the military is under civilian control, meaning that a duly elected president is the "Commander and Chief" period! I hated it when president Carter was in office but I sucked it up As did the troops that did not agree with Bush & Obama.
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