Interesting CSPIN Caller...Should Addison WIlson Be Court Martialed...

[KharmaTrain]

The jist of the call is that Addison is still on active reserve and that his outburst against the Commander in Chief was a violation of the UMCJ. So should this be investigated? Or is enough enough?

Discuss...

[go west young man]

1. According to military law it can be applied.

It is equivalent to a soldier in formation shouting out to their CO "You lie" while the CO is addressing the troops. This isn't any CO though. This is the Commander In Chief of the US military. This particular soldier is ignorant of the UCMJ and the fact that when you sign up for military service in the UNited States your rights as a citizen are replaced by the limited rights a soldier has as they are now considered US government property. Wilson should be court martialed. Make an example of him for the sake of military discipline I say.

[go west young man]

2. I will also add that for that troop (Wilson)

to go around on national TV after the fact and continue to say he will not apologize to the house is further cause for discipline. If a serviceman did such a thing after being disrespectful to their CO he would face further charges and possibly be either jailed or given a big chicken dinner/bad conduct discharge.

[ET Awful]

4. Not to pick nits or anything, but . . .

that's "Commander IN Chief", not "and".

Thanks .

[go west young man]

6. Thanks. I changed it.

[ET Awful]

12. Sorry, that's just one that always irks me :)

It stems back to 2001 or 2002 when Freepers were saying that Shrub was "our" commander "and" chief.

[Matt_in_STL]

3. Possibly, but dangerous precedent

Based on the UCMJ I am sure it is possible for him to be courtmartialed or given some other type of non-judicial punishment. However, do we really want to get to a position where our members of congress who may also hold a military role have to be afraid to disagree with the President for fear that it could bring military justice down on them?

It would be nice to see Wilson get smacked harder for his actions but I don't think that is the way to go. I would prefer to see him lose his re-election bid because of this as his punishment.

[KharmaTrain]

5. I'm All For Rob Miller

I personally doubt we'll see any action on this. Yesterday's vote is as far as I see anyone wanting to go...and soon we'll be onto another bright shiny toy...another wingnut who has done some outrageous thing. Wilson will fade back into the "white" noise.

You are spon-on...the ultimate judge of Wilson's behavior are those who voted him in. Hopefully the $1 mil Rob Miller has raised will help in the final resolution of Addison Wilson's tenure in Congress.

Cheers...

[uberblonde]

10. He didn't mind using the Reserves to get out of serving in a war.

So there might be some justice to it limiting what he can say as a congressman.

[Orrex]

7. They should just activate him and send him into combat

Surely such a brave crusader for freedom and justice would be only too happy to fight on the front lines.

[ljm2002]

8. It's an interesting question...

...but there's another wrinkle: namely, there is a Constitutional provision that a member of Congress cannot be arrested for any statements made within Congress while Congress is in session. I'm guessing that provision would come into play and protect him from prosecution in this case. Which was all the more reason it was important for Congress to police him.

[KharmaTrain]

11. Point Very Well Taken

Yes, I would imagine his position in Congress may give him immunity from being prosecuted for his statements...even if directed at his Commander in Chief. I'm no expert in either Rules of the House or the UCMJ to point to specific violations and the means of redress, thus the reason I posted this...get some different perspectives. Thank you for yours.

Cheers...

[ShortnFiery]

9. Wilson retired from the NG in 2003 as an O-6, Colonel - he's not subject to court-martial.

Bummer! Article 88 would have been most apt:

http://usmilitary.about.com/od/punitivearticles/a/mcm88...

“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 Transportation, 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.”

Elements.

(1) That the accused was a commissioned officer of the United States armed forces;

(2) That the accused used certain words against an official or legislature named in the article;

(3) That by an act of the accused these words came to the knowledge of a person other than the accused; and

(4) That the words used were contemptuous, either in themselves or by virtue of the circumstances under which they were used.