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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UCMJ
Election 2016
JAG
Edited 8 y ago
Posted 8 y ago
Responses: 29
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Faithless electors are completely legal and the electoral college is not simply a rubber stamp on the popular vote. I fail to see any sort of improper conduct present.
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It's not something I've come across in the MCM before. What I know of politics and the military it should be ok, weird but ok. So long as the SM isn't doing it in uniform or making claims about the military. Though to be honest this could do with a bit of research for a full answer and even then my final word would be seek the advise of a JA.
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No. Trump is not the President yet. He is an elect. Once Trump is the President, we can not speak badly of him. We are sworn to follow his orders as per our oath of enlistment.
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Great question. Too bad I don't know that answer. My guess is maybe or probably? It would depend if the SM is asking for some legal remedy or if they are advocating an illegal response. I know that there are a ton of rules in the UCMJ directing military members actions during elections.
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In my opinion it would depends on circumstances, how severe it is, ect. It may be contempt (Article 88) or perhaps fall under 134.
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SN Greg Wright
I dislike disappointing you, Trust, but SM's took an oath to the Constitution, and subjected themselves to the UCMJ. I take potential violations of either very seriously. What she's proposing is nothing less than sedition. It's dangerous, and is highly likely to result in death and destruction if it happens.
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This is actually debatable as members who are serving did indeed pledge themselves to the Constitution.
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SSgt (Join to see)
Yes, but the Obama and Hillary monolith has destroyed the constitution or almost had. SrA Edward Vong
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Sgt Wayne Wood
SSgt (Join to see) - depending on which parts of the Constitution to which you are referring. Obama has done nothing explicitly contrary to the LETTER of the constitution. He has, however, run roughshod over the INTENT.
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Sgt Aaron Kennedy, MS
The Constitution explicitly created the Electoral College system. They are our Representative Democracy who vote 12/19. This is no different than continuing a "campaign" until the last minute.
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