Good morning, anons. Just on my first cup of covfefe, and have limited time so please forgive any errors or typos.
Yesterday, an anon posted that the Prez could not be court-martialed, and sited a link from Cornell Law School. This is correct.
HOWEVER, civilians can be court-martialed under certain circumstances (also pic-related).
Anon ponder: even if Joe becomes a civilian via 25th or audits, he's still mentally gone. Would a mentally incapacitated person be court-martialed? I doubt it. But, maybe the people instructing him?
The President as Commander of the Armed Forces
The President does not enlist in, and he is not inducted or drafted into, the armed forces. Nor, is he subject to court-martial or other military discipline.
https://www.law.cornell.edu/constitution-conan/article-2/section-2/clause-1/the-president-as-commander-of-the-armed-forces
Under What Conditions Can a Civilian Be Tried In Military Court?
These special circumstances include the declaration of martial law, coverage of civilians employed by the armed forces, and specific provisions of the law of war, otherwise known as the International Humanitarian Law (IHL).
DECLARATION OF MARTIAL LAW
Military authority takes over civilian rule upon the declaration of martial law. As a result, the military holds immense power to run essential branches of the State, including the police, courts, and legislature or any lawmaking body.
In the event of a martial law, the military courts may be used to try civilians, as stipulated in the Uniform Code of Military Justice. As such, military authorities lead the implementation of peace and order, including serving the arrest warrants and trial proceedings of those who are deemed to have committed crimes or activities aimed at undermining the government, among a host of other offenses.
Without the declaration of a martial law, civilians in the United States can’t be tried under the military courts.
CIVILIAN EMPLOYEES OF THE US ARMY, NAVY, AND AIR FORCES.
The Uniform Code of Military Justice stipulates that military law also covers civilians “serving with, employed by, or accompanying the armed forces without the continental limits of the United States—except in Puerto Rico, the Panama Canal Zone, the Hawaiian Islands, and the Virgin Islands.” Military justice likewise covers individuals, whether American or of another nationality, and a service personnel’s dependent overseas.
As such, these persons serving with or accompanying a staff of the US Armed Forces personnel in the field may be subjected to a court-martial, when necessary.
The Code also states that any person, military or civilian, who “aids or attempts to aid, the enemy,” or who, “knowingly harbors or protects, or gives intelligence to, or communicates or corresponds with, or holds any intercourse with the enemy, either directly or indirectly,” may be tried by courts-martial or military commission and, “given death or such lesser sentence as may be appropriate.”
LAW OF WAR
Under Conditions of IHL
Also called the International Humanitarian Law (IHL), the Law of War aims to ‘humanize’ war by limiting the horrifying effects of armed conflict. The law consists of internationally accepted rules that protect all combatants, civilians, internationally displaced persons, and prisoners of war (POW), as set forth by the Geneva Conventions.
As an internationally recognized treaty, the Geneva Conventions state that POWs on trial for war crimes undergo the same procedures as the holding military's own forces. Thus, courts-martial may be convened to try POWs for war crimes.
Types Of Courts-Martial
Summary Courts-Martial - less serious crime - only one commissioned officer to act as judge and jury
Special Courts-Martial - This military court is set up for minor offenses, and consists of a panel of at least three members and a military judge.
General Courts-Martial For More Serious Offenses - Characterized as a felony court, a general court-martial consists of a panel of at least five members and a military judge.
Military Tribunals - In the United States, special court commissions created in time of war to try enemy forces accused of violating the laws of war. While uncommon, historical precedent exists where tribunals were used to try civilians under military law.
Military Tribunals for Treason (pic-related)
Military tribunals for civilians were used during the revolutionary war and immediately following the Civil War. Military courts used to try civilians was ruled unconstitutional by the Supreme Court in Ex parte Milligan in any jurisdiction where civil courts are functioning.
https://www.lawsuitlegal.com/military-law/can-civilians-be-tried-in-military-court.php