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Old 09-15-21, 06:56 PM   #2446
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Originally Posted by 3catcircus View Post
Except it's not his job. His job is to advise the civilian leadership of the National Command Authority.

Obviously the speaker of the current joint staff disagrees with your opinion.
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Old 09-15-21, 07:35 PM   #2447
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Originally Posted by Buddahaid View Post
That is his job but he also swore to protect the constitution from foreign and domestic enemies and in that sense he was doing his duty ensuring procedure would be followed when the sitting president was for all intent and purposes refusing to accept the election results. There is no case for treason against Miley.
Why not just get rid of all the politicians and diplomats and let the generals run everything? That's worked out before.
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Old 09-15-21, 07:49 PM   #2448
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Why not just get rid of all the politicians and diplomats and let the generals run everything? That's worked out before.
I don't see that Miley was anywhere near that spin on it and I don't believe he would have gone there anyway, but then again, I don't have any faith in Donald Trump acting for the good of anybody but himself and agree he needed to be treated with both respect for his office and with eyes open.

Cripes the spoiled little boy can't even suck up his bent pride enough to stand with former presidents on the anniversary of 9/11. That in itself is proof enough he isn't up to the job of being president.
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Old 09-15-21, 08:00 PM   #2449
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I don't see that Miley was anywhere near that spin on it and I don't believe he would have gone there anyway ...
But that is just it. It's a dangerous step in that direction. And if this gets swept under the rug it will just embolden people like Miley to go down that road. He should at the very least resign.
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Old 09-15-21, 08:08 PM   #2450
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But that is just it. It's a dangerous step in that direction. And if this gets swept under the rug it will just embolden people like Miley to go down that road. He should at the very least resign.
If I was Miley I'd resign since I'd have already put in forty years service, but maybe he still sees Trumpism as a threat to the constitution he swore to protect.
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Old 09-15-21, 08:31 PM   #2451
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Originally Posted by Buddahaid View Post
That is his job but he also swore to protect the constitution from foreign and domestic enemies and in that sense he was doing his duty ensuring procedure would be followed when the sitting president was for all intent and purposes refusing to accept the election results. There is no case for treason against Miley.

Oath of Commissioned Officers
I ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. (Title 5 U.S. Code 3331, an individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services)

10 U.S. Code § 163 - Role of Chairman of Joint Chiefs of Staff
U.S. Code

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(a)Communications Through Chairman of JCS; Assignment of Duties.—Subject to the limitations in section 152(c) of this title, the President may—
(1)direct that communications between the President or the Secretary of Defense and the commanders of the unified and specified combatant commands be transmitted through the Chairman of the Joint Chiefs of Staff; and
(2)assign duties to the Chairman to assist the President and the Secretary of Defense in performing their command function.
(b)Oversight by Chairman of Joint Chiefs of Staff.—
(1)The Secretary of Defense may assign to the Chairman of the Joint Chiefs of Staff responsibility for overseeing the activities of the combatant commands. Such assignment by the Secretary to the Chairman does not confer any command authority on the Chairman and does not alter the responsibility of the commanders of the combatant commands prescribed in section 164(b)(2) of this title.
(2)Subject to the authority, direction, and control of the Secretary of Defense, the Chairman of the Joint Chiefs of Staff serves as the spokesman for the commanders of the combatant commands, especially on the operational requirements of their commands. In performing such function, the Chairman shall—
(A)confer with and obtain information from the commanders of the combatant commands with respect to the requirements of their commands;
(B)evaluate and integrate such information;
(C)advise and make recommendations to the Secretary of Defense with respect to the requirements of the combatant commands, individually and collectively; and
(D)communicate, as appropriate, the requirements of the combatant commands to other elements of the Department of Defense.

https://constitution.congress.gov/br...III_S3_C1_1_2/

ArtIII.S3.C1.1.2 Treason Clause: Doctrine and Practice
Article III, Section 3, Clause 1:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.
Except he is subject to the UCMJ. He could be charged under Article 92 (failure to obey a lawful order), 94 (mutiny/sedition), 103 (aiding the enemy), or the catch-all 134.

Aiding the enemy certainly fits:

Any person who—
(1)aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2)without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;

That "...communicates or corresponds with ..." clause is pretty much what he did, given that his actions were without the knowledge and authority of the President or SECDEF.

Article 134, on the other hand, is the "you're guilty of something" that they can try you under when all else fails.

Remember , as a member of the military, he doesn't have the same protections as a civilian when it comes to the legal process.

What ought to happen is the Sec of Army should demand he retire if they are unwilling to prosecute.
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Old 09-15-21, 08:48 PM   #2452
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If I was Miley I'd resign since I'd have already put in forty years service, but maybe he still sees Trumpism as a threat to the constitution he swore to protect.
You have absolutely no understanding of the chain of command and the subservient role of the military to civilian authority which is the ultimate authority. Thinking the Generals oath gives him authority to behave in a such manner is utter nonsense. The oath he took is for the defense of the constitution against enemy’s foreign and domestic. That dumbass general has absolutely no authority whatsoever to arbitrarily declare or consider a sitting president the duly elected Commander in Chief and President of the United States of America an enemy of this country or its constitution. The General should be sent to the brig to rot and as well as all the traitors to the constitution that behave in such a manner. Having been in the service and a pretty good understanding of the chain of command and the role of the civilian authority over the military. I think it’s you and the general who are the enemies of the constitution.
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Old 09-15-21, 08:53 PM   #2453
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Originally Posted by 3catcircus View Post
Except he is subject to the UCMJ. He could be charged under Article 92 (failure to obey a lawful order), 94 (mutiny/sedition), 103 (aiding the enemy), or the catch-all 134.

Aiding the enemy certainly fits:

Any person who—
(1)aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2)without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;

That "...communicates or corresponds with ..." clause is pretty much what he did, given that his actions were without the knowledge and authority of the President or SECDEF.

Article 134, on the other hand, is the "you're guilty of something" that they can try you under when all else fails.

Remember , as a member of the military, he doesn't have the same protections as a civilian when it comes to the legal process.

What ought to happen is the Sec of Army should demand he retire if they are unwilling to prosecute.
Fair enough.
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Old 09-15-21, 08:57 PM   #2454
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Thinking the Generals oath gives him authority to behave in a such manner is utter nonsense. The oath he took is for the defense of the constitution against enemy’s foreign and domestic. That dumbass general has absolutely no authority whatsoever to declare a sitting president of the United States of America an enemy of this country or its constitution. The General should be sent to the brig to rot.
Please show me where he declared Trump an enemy, as apposed to entertained it as a possibility, that's not an opinion piece.
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Old 09-16-21, 07:25 AM   #2455
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These area your words which imply you believe Miley was acting to protect the constitution.

Quote:
but maybe he still sees Trumpism as a threat to the constitution he swore to protect.
These area your words which imply you believe Miley was acting to protect the constitution.

Quote:
but maybe he still sees Trumpism as a threat to the constitution he swore to protect.
His job is to defend the constitution against ENEMEYs of the constitution. He is told by civilian authority who the enemy is. The General isn’t paid to wander off the reservation and make that determination on his own. Nor are kook left wing blue-anon conspiracy theorists.
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Old 09-16-21, 07:48 AM   #2456
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Speaking of the Constitution, you should read it again and understand what it says.

A man (or woman) does not hold supreme powers. The office they were elected to holds the power, at least in US.

This is why the US military does not swear an oath of allegiance to a man (or woman). They swear an oath to protect and defend the Constitution.

Its a subtle difference, but you should look into it.
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Old 09-16-21, 08:08 AM   #2457
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Speaking of the Constitution, you should read it again and understand what it says.

A man (or woman) does not hold supreme powers. The office they were elected to holds the power, at least in US.

This is why the US military does not swear an oath of allegiance to a man (or woman). They swear an oath to protect and defend the Constitution.

Its a subtle difference, but you should look into it.
So what your saying then is the executive, the house and senate doesn’t matter and a military officer can take matters into his own hands and determine who the enemy is?

One thing YOU should understand about our system of government is no one person is in charge. Especially a rogue general who takes it upon himself to defend the constitution. They should fire him and yank all pay and retirement benefits.
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Old 09-16-21, 08:17 AM   #2458
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These area your words which imply you believe Miley was acting to protect the constitution.


These area your words which imply you believe Miley was acting to protect the constitution.



His job is to defend the constitution against ENEMEYs of the constitution. He is told by civilian authority who the enemy is. The General isn’t paid to wander off the reservation and make that determination on his own. Nor are kook left wing blue-anon conspiracy theorists.
Yes those are my words but I asked you to show me where Miley said Trump was a domestic enemy as you claim.
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Old 09-16-21, 08:21 AM   #2459
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Isn't it up to the American authorities to decide whether this Mr. Miley committed a felony crime by his acting under President Trump ?

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Old 09-16-21, 08:39 AM   #2460
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