US Soldier Threatened Over Obama’s Eligibility!

US Soldier Threatened Over Obama’s Eligibility!
Posted by Sarah Brooks on March 5, 2009 at 3:15am

US Soldier Threatened Over Obama’s Eligibility!
Wednesday, 4 March 2009, 7:35 Category : First Amendment,
MSM, President Gangster Obama, US Constitution, US Military, United States of America

According to World Net Daily (WND), one of the soldiers who was unnamed in the suit over Obama’s eligibility was “gagged”. In my view the soldier was more than likely threatened with punitive punishment under the uniform Code of Military Justice (UCMJ). If the unnamed
soldier was an officer he could be tried under more than one article. There are other things the military chain of command could do as well less substantive but more threatening such as evicting a family from base quarters or bring pressure to bear through a wives club.

It is very important to know that the United States military is run under a different set of laws called the Uniform Code of Military Justice (UCMJ). It ia a very interesting set of laws that covers any all punishments for any and all infractions. One such infraction is taking political stands whil in uniform. It is covered under Article 134, which is a general article that covers other infractions not covered by individual articles.

Note that Article 134 encompasses offenses that are not specifically listed in the Manual for Courts-Martial, That is to say, “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,”. Article 134 is often considered to be a “catch-all” for various offenses that aren’t necessarily covered by the other articles in the UCMJ. Article 134 offenses include disloyal statements, abusing public animal, adultery, bigamy, bribery and graft, drinking liquor with prisoner, fleeing scene of accident, fraternization, gambling with subordinate, et al. It’s colloquially referred to as the “Write your own law” or “Don’t be stupid” article, and reflect acts that are not specifically listed, but nevertheless committed, by military personnel that negatively impact the service, unit, etc.

If the military member is an officer, he/she could be charged under a second article, Article 133 - Conduct unbecoming an officer and a gentleman.

Conduct unbecoming an officer and a gentleman (or conduct unbecoming for short) is an offense subject to court martial defined in the punitive code, Article 133, of the United States Uniform Code of Military Justice (UCMJ), enacted at 10 U.S.C. § 933.
The elements are:

1. That the accused did or omitted to do certain acts; and
2. That, in the circumstances, these acts or omissions constituted conduct unbecoming an officer and gentleman.

Here “officer” is understood to include commissioned officers, cadets, and midshipmen, and Officer Candidates, of both sexes, hence the more common term conduct unbecoming. A gentleman is understood to have a duty to avoid dishonest acts, displays of indecency, lawlessness, dealing unfairly, indecorum, injustice, or acts of cruelty.

Both of the above articles leave the military member open to court martial, which is punitive in nature. It is pretty much like acourt of law in the civilian world. The ramifications of a court martial are pretty harsh. They can result in fines, dismissal from the military under dishonorable conditions (which can impinge on employment in the civilian world, in other words don’t count on working for a defense contractor or anyone requiring some kind of security clearance) and even jail time in some cases.

Here is more on that “gagged soldier”:

A member of the U.S. military whose suspicions about Barack Obama’s eligibility to be president prompted him to sign onto a legal demand being sent to Attorney General Eric Holder has now been silenced.

Attorney Orly Taitz, the California activist who through her foundation is assembling the case, told WND today she’s been informed one of the members of the military has been ordered by commanding officers not to speak with media.

The officer’s identity was withheld to prevent further actions against him. (Author’s Note: “Further actions” against him could include action under the above mentioned articles.)

No sooner was this officer “ordered” to not talk to the press, then another soldier, Staff Sgt. Alan Craig James, stepped up to sign on to the case which has now changed direction. More on where the case is headed later.


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