General Discussion
In reply to the discussion: Lt. Col. Joni Ernst broke the law by signing the seditious letter to Iran. [View all]madville
(7,847 posts)It still boils down to being "on duty". The hundreds of drug cases I've seen were people who failed drug tests while on duty, they may have done the drugs off duty but they were prosecuted and/or discharged for having the drugs in their system while "on duty".
Same with domestic violence off duty, they aren't punished specifically for the off duty arrest/conviction, they are charged or discharged because they are unable to follow their orders when they are "on duty".
Same with people losing their security clearance due to something that happened off duty, they aren't charged/discharged for that specific event, they are in trouble because they can't fulfill their duties while on the clock.
The missing movement thing is because they were technically "on duty" when they didn't show up and yes, they have to activate them in order to punish them in some cases but that's apples to oranges under this Ernst topic.
My point is Ernst will never be charged under the State Code or the UCMJ for something she says or does as a Senator off duty, it's just not going to happen and it shouldn't, you said the same as well, we agree on that. Now if she takes to Twitter and rants about whatever while on her annual two weeks active duty training, that would be a whole different scenario.
Have enjoyed the debate, I've always liked arguing military regulations and policy