About that major
Jul. 16th, 2009 02:50 amHe's more stupid than I thought.
He was, you see, a volunteer. He asked to be deployed. When, you may ask, did he put his name on the list... how long before his "come to Jesus" moment when he realised Obama completely invalidated any order which comes down the pipe.
That, actually, is the crux of his argument. He dresses it up with flashy window dressing about war crimes, but when you strip that nonsense away, the core argument he makes is that Obama not "proving" he is a "native born" citizen invalidates any orders.
That argument means nothing can be done. Any private can refuse to clean the latrines, etc., because the orders aren't lawful. The Army is, in his view, in limbo. No one can tell them to do anything.
So, when did he put his name on the list.
May.
Which means it's, almost certainly, a stunt. It's, sadly, a no-lose situation for him. Since he volunteered, he can back out; right up to the day before he ships out.
So, since he's asked for release, it's been granted. Already the right-wing noise machine has gone into spin mode. The best... he was released because that way the truth about Omama's birth in Kenya can be hidden a little longer. (an example in the wild from Chicks on the Right).
Me... I still think he ought to be cashiered. It's not that he is mad as a hatter, no, it's that he has by his example, commited offense under the Uniform Code of Military Justice
§ 881. Art. 81. Conspiracy
Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct,
§ 882. Art. 82. Solicitation
(a) Any person subject to this chapter who solicits or advises another or others to desert in violation of section 885 of this title (article 85) or mutiny in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct. (b) Any person subject to this chapter who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 899 of this title (article 99) or sedition in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
§ 888. Art. 88. Contempt toward officials
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.
§ 894. Art. 94. Mutiny or sedition
(a) Any person subject to this chapter who—
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
§ 933. Art. 133. Conduct unbecoming an officer and a gentleman
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
§ 934. Art. 134. General article
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
Throw the book at him.
He was, you see, a volunteer. He asked to be deployed. When, you may ask, did he put his name on the list... how long before his "come to Jesus" moment when he realised Obama completely invalidated any order which comes down the pipe.
That, actually, is the crux of his argument. He dresses it up with flashy window dressing about war crimes, but when you strip that nonsense away, the core argument he makes is that Obama not "proving" he is a "native born" citizen invalidates any orders.
That argument means nothing can be done. Any private can refuse to clean the latrines, etc., because the orders aren't lawful. The Army is, in his view, in limbo. No one can tell them to do anything.
So, when did he put his name on the list.
May.
Which means it's, almost certainly, a stunt. It's, sadly, a no-lose situation for him. Since he volunteered, he can back out; right up to the day before he ships out.
So, since he's asked for release, it's been granted. Already the right-wing noise machine has gone into spin mode. The best... he was released because that way the truth about Omama's birth in Kenya can be hidden a little longer. (an example in the wild from Chicks on the Right).
Me... I still think he ought to be cashiered. It's not that he is mad as a hatter, no, it's that he has by his example, commited offense under the Uniform Code of Military Justice
§ 881. Art. 81. Conspiracy
Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct,
§ 882. Art. 82. Solicitation
(a) Any person subject to this chapter who solicits or advises another or others to desert in violation of section 885 of this title (article 85) or mutiny in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct. (b) Any person subject to this chapter who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 899 of this title (article 99) or sedition in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
§ 888. Art. 88. Contempt toward officials
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.
§ 894. Art. 94. Mutiny or sedition
(a) Any person subject to this chapter who—
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
§ 933. Art. 133. Conduct unbecoming an officer and a gentleman
Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
§ 934. Art. 134. General article
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
Throw the book at him.