Can Commander in Chief be tried Military Court?

[Miigwech]

Arrest the bastard trump for treason. Lock him up in Guantanamo Bay.

[California_Republic]

1. I think not. Civilian in charge of the military

[The Velveteen Ocelot]

2. No, he's a civilian.

[RHMerriman]

3. This entire situation is without precedent, so never say never, but

This entire situation is without precedent, so never say never, but seems unlikely.

It would be precedent-setting to do so, but given how creative the Bush Administration got in terms of defining "unlawful enemy combatants" as something less than prisoners of war and something more (or different) than civilian crime suspects, given the clusterfuck this whole situation has become, hell, almost anything is possible.

[Miigwech]

10. How to deal with a traitor

The American Revolution as it actually unfolded was so troubling and strange that once the struggle was over, a generation did its best to remove all traces of the truth. Although it later became convenient to portray Arnold as a conniving Satan from the start, the truth is more complex and, ultimately, more disturbing. Without the discovery of his treason in the fall of 1780, the American people might never have been forced to realize that the real threat to their liberties came not from without, but from within

https://www.smithsonianmag.com/history/benedict-arnold-turned-traitor-american-revolution-180958786/

[bottomofthehill]

4. No, but he can be tried in the US Senate

After the house passes Impeachment resolutions.

[The Velveteen Ocelot]

5. But an impeachment trial isn't a criminal trial.

The only thing that could happen in that case is that he loses his job. I want to see his ugly orange ass in the dock being tried for the dozens of crimes he's almost certainly committed, and then I want to see his ugly orange ass dressed in an ugly orange jumpsuit and hauled off to the slammer. For a very long time.

[bottomofthehill]

6. No, but once impeached, convicted and removed from office

He can be charged criminally under the Justice Department guidelines

[RockRaven]

7. POTUS is a civilian. Trying him in a military court would undermine that principle.

Civilian control of the military is one of the bedrock principles of the way our government is structured. It was crafted that way to ensure the military ultimately, albeit indirectly, answered to the people.

We should not tolerate any erosion of that principle just because doing so provides an avenue for dealing w/ Trump. There are superior/more appropriate ways of dealing with Trump anyway (i.e. Article III federal courts and state courts).

Besides, I'd rather see him in hemmed in by concrete walls in a Supermax facility, far away from the tropics.

[TomSlick]

8. No. The President is not among the persons subject to court-martial jurisdiction.

With a few exceptions (e.g. "members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces" ) only military personnel are subject to court-martial under UCMJ Art. 2 (10 U.S.C 802).

[Peace06]

9. Can cmdr n chief be tried in military court

From replies, looks like answer is negative. Still, its a good question and maybe someone in JAG or military legal will input. Seems like it should be an option given the title.