Reply #49: After you asked that, I went out and did some research. [View All]

[MineralMan]

The answer about the President being subject to the UCMJ hasn't really been addressed. Opinion is that a former President can be charged and tried under other laws, though. There's a pile of opinion out there that originated during and after the Clinton administration, and it generally seems that a former President could be charged under normal laws. The pardon of Nixon that covered all crimes he might have committed while in office seems to add credence to that. Why pardon someone who isn't subject to the law.

However, the question about the UCMJ is not one I could find any discussion about in a short time. However, since the President and his actions fall under the Constitution, I'm betting that a President isn't subject to the UCMJ, but to federal law. I don't know, though, and I don't think it's been argued in any real way. While the President is constitutionally the Commander-in-Chief, he doesn't hold an actual rank in the military while in office. I'm pretty sure he's separate from the military, while commanding it. It would be a very, very interesting thing to see play out, though, and would undoubtedly involve the SCOTUS very quickly.

Thanks for raising that interesting question. Now, I'll probably spend some more time looking for more opinion on it.