Question for military legal minds: Can Obama be subject to UCMJ?

[GOP Congress]

I realize two things: That a Commander-in-Chief, like any other politician, must be an individual who is not in the military, and that, well, this is Obama so normal rules do not apply (at least those rules that would normally apply to republicans). Having said that, this is a legal question.

Can Obama be charged under the Uniform Code for Military Justice for his actions in releasing the five terrorists, particularly if they strike, and kill, American interests again?

I realize that there is certain leeway given to "command decisions" and that this act is unprecedented. Nonetheless, virtually every democrat would put Bush in jail for conducting lawful actions with regard to military action in Iraq and Afghanistan with the ability to get approval by Congress and even the godforsaken UN.  Certainly, unilaterally releasing terrorists to divert attention from other scandals would fall under some statute in the UCMJ. My big question is this: Is it legally possible for this to happen?

[Dori]

I realize two things: That a Commander-in-Chief, like any other politician, must be an individual who is not in the military, and that, well, this is Obama so normal rules do not apply (at least those rules that would normally apply to republicans). Having said that, this is a legal question.

Can Obama be charged under the Uniform Code for Military Justice for his actions in releasing the five terrorists, particularly if they strike, and kill, American interests again?

I realize that there is certain leeway given to "command decisions" and that this act is unprecedented. Nonetheless, virtually every democrat would put Bush in jail for conducting lawful actions with regard to military action in Iraq and Afghanistan with the ability to get approval by Congress and even the godforsaken UN.  Certainly, unilaterally releasing terrorists to divert attention from other scandals would fall under some statute in the UCMJ. My big question is this: Is it legally possible for this to happen?

Like Clinton did in "Wag the Dog"?

[Crazy Horse]

NO

[Big Dog]

Like Crazy Horse said, No. The UCMJ only applies to uniformed members of the Armed Forces.

Impeachment is the only lawful option, and the Republicans are too cowardly to do the right thing.

[docstew]

I realize two things: That a Commander-in-Chief, like any other politician, must be an individual who is not in the military, and that, well, this is Obama so normal rules do not apply (at least those rules that would normally apply to republicans). Having said that, this is a legal question.

Can Obama be charged under the Uniform Code for Military Justice for his actions in releasing the five terrorists, particularly if they strike, and kill, American interests again?

I realize that there is certain leeway given to "command decisions" and that this act is unprecedented. Nonetheless, virtually every democrat would put Bush in jail for conducting lawful actions with regard to military action in Iraq and Afghanistan with the ability to get approval by Congress and even the godforsaken UN.  Certainly, unilaterally releasing terrorists to divert attention from other scandals would fall under some statute in the UCMJ. My big question is this: Is it legally possible for this to happen?

As others have said, UCMJ action is a no-go. However, if any of the five released detainees EVER kills an American, he sure as hell could be sued for wrongful death, along with the attendant media shit storm and damage to his legacy/lame duck presidency. Since the released Taliban will probably be back in the Stan before the US is completely out, chances are high...

[DumbAss Tanker]

No, impeachment is the only remedy for handling Presidential misconduct.

Nothing in the Constitution prohibits the President from using his plenary pardon power to pardon himself, by the way, so prosecuting one by any other means prior to impeachment would be pointless.

[BlueStateSaint]

No, impeachment is the only remedy for handling Presidential misconduct.

Nothing in the Constitution prohibits the President from using his plenary pardon power to pardon himself, by the way, so prosecuting one by any other means prior to impeachment would be pointless.

And, as I seem to remember, President Ford pradoned President Nixon of any wrongdoing that may have transpired under Nixon.