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Atticus

(15,124 posts)
Mon Oct 26, 2020, 12:17 PM Oct 2020

So, if a person gives orders or takes actions, other than in a war-time context, which he or

she knows will result in the deaths of tens of thousands of innocent U.S. citizens---is there still a law against that?

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dware

(18,127 posts)
1. AFAIK, there still is, at least on the state level, don't know about the federal level.
Mon Oct 26, 2020, 12:23 PM
Oct 2020

I know that most states, if not all, have laws on the books that if one participates in a crime in which someone is injured or killed, they can be charged with attempted murder or murder, even if they were only the driver and weren't involved in the actual attempted murder or murder.

 

beachbumbob

(9,263 posts)
3. Under UCMJ, there are charges and trump can be tried in a military court
Mon Oct 26, 2020, 01:45 PM
Oct 2020

as he is the CIC of our military and Supreme Court has no jurisdiction. I'd fly trump and his collaborators to Guantanamo Bay and proceed with military tribunal courts and charges of treason, and seek the max penalty. And too bad the Supreme Court can't do anything

dware

(18,127 posts)
6. Ummm, that is false information.
Mon Oct 26, 2020, 02:09 PM
Oct 2020
https://www.law.cornell.edu/uscode/text/10/802

The President is not considered a member of the military and not under the jurisdiction of the UCMJ.

dware

(18,127 posts)
5. I don't believe that's true,
Mon Oct 26, 2020, 01:54 PM
Oct 2020

he may be CinC, but he's still a civilian and would be subject to the civilian justice system.
One of the first sections of the UCMJ specifies who falls under the jurisdiction of the military justice system, and the president ain't one of them.

https://www.law.cornell.edu/uscode/text/10/802

obamanut2012

(29,415 posts)
7. Nope, the President is not held to the UCMJ, because he is not a member of
Mon Oct 26, 2020, 02:25 PM
Oct 2020

the military.

No wiggle room, and tbh no President should be held to the UCMJ, nor any civilian tried in a military court, no matter how guilty they obviously (Trump) or not so obviously (Mary Surrat) they are.

dware

(18,127 posts)
8. And, correct me if I'm wrong, but aren't civilians who commit crimes on a military
Mon Oct 26, 2020, 02:38 PM
Oct 2020

installation subject to the civilian Federal Justice System, and not the UCMJ?

sarisataka

(22,710 posts)
9. Wrong on several counts
Mon Oct 26, 2020, 02:55 PM
Oct 2020

-The President is not subject to the UCMJ, as others have pointed out
- the appeals process of courts-martial does lead to the Supreme Court
-there is no charge of treason in the UCMJ

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