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August 24, 2021
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After Monday’s commentary, “If only we COULD court-martial President Biden,” we received replies from readers essentially asking, “Hey, why can’t we?” Since Biden is Commander-in-Chief of our armed forces, they reasoned, he must be a member of our military, and we should be able to court-martial him. If only!

As the Constitution makes clear, the President of the United States is considered to be a civilian, not a member of the military. Yes, he commands the military, but he is “over” the military, not “of” the military. So he is subject to civilian courts, not military courts. It was important to the framers of the Constitution not to have the military itself in control of the government.

Article II, Section 4, of the Constitution specifies that the President (also the Vice President) shall be removed from office by impeachment and conviction for treason, bribery or other high crimes and misdemeanors. The President is not subject to court-martial or any other military discipline, much as we might like to see him get thrown in the brig and the door clanged shut.

There’s more information at the link, under the heading, “The Commander-in-Chief is a Civilian Officer.”

https://www.law.cornell.edu/constitution-conan/article-2/section-2/clause-1/the-president-as-commander-of-the-armed-forces

By the way, Col. Kemp is a great friend of mine; I’ve been with him in Israel many times. He was Britain’s attache’ to the Israeli Defense Forces. Being British, he might not have the familiarity with our Constitution to know an American President must be tried as a civilian. Personally, in this situation, with the way Biden has misused and humiliated our military, it would be gratifying to see him “dishonorably discharged” from the Oval Office.

Here are a few more letters we received from readers who are as sickened as we are by what is happening.

From Morris S:

As a military Army infantry officer for 21 years that served two tours in Vietnam and one year in Africa, I am totally shocked, mad, hurt, embarrassed and sad for America by the actions or inactions by our supposed Commander-in-Chief. His total lack of leadership and understanding of what he is doing/has done to our country and the free world is absolutely dumbfounding!!!. I am especially sad for the Afghan people and the families of Afghans and Americans who have lost love ones fighting for freedom. The most precious thing in the world. I am one of the lucky ones.

From Carl S:

As a veteran, I'm beyond disgusted! The words I have for the best of the Democrats are not printable on this site. If we had a CIC and not a placeholder, the Embassy would be leveled and our jamming capability employed, and [we’d] open Baghram Air Base with both carrier groups launching a few hundred sorties a day to keep the Inbreds hunkered behind their rocks.

From Sharon:

Thank you for expressing everything that is in the hearts of true Americans. What a total disaster and disgrace this is, and, meanwhile, how many other things are being ignored while this horror is going on? This administration is a disaster for our country. Bring back America and our freedoms and our compassion and our strength. We have always been the greatest country in the World.

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Comments 1-10 of 16

  • Patricia M Hammons

    08/25/2021 11:00 PM

    Marie Branham in the comment section has a good idea, Is this possible?

  • Patricia M Hammons

    08/25/2021 10:58 PM

    There has to be someway to get rid of the Biden adm. before 2022. Biden and Pelosi are ruining our country. They should be declared unfit. Traitors.

  • Rick panico

    08/25/2021 07:22 AM

    Hey Mike, Have you ever served in the military? I believe you are of the age where there was a draft in place.

  • Beverly Brown

    08/25/2021 04:15 AM

    Biden is a total disgrace and embarrassment to our country and should be removed from office, along with his useless VP Kamala Harris! Biden was not elected to office - he was selected and put there by a rigged election! PRESIDENT TRUMP won and should be in office and our country would be on great shape again!

  • Demie Presnell

    08/24/2021 10:13 PM

    Then treat him as a civilian TRADER that he is.....he just bowed down to the Taliban.

  • Carol M Lellig

    08/24/2021 08:24 PM

    OK, let's arrest him and charge him with treason then

  • Guy B Wheatley

    08/24/2021 08:21 PM

    Here is the problem, as I see it, with doing that, impeaching him, or charging him with treason. We’ve voted ourselves so deep into a “Progressive” government that going 7 deep, you don’t get anything better, and in some cases possibly worse. All I know to do is wait for Nov. 2022 and pray that the electorate has been paying attention.

    POTUS Line of succession
    Joe Biden (D) POTUS

    (1) Kamala Harris (D) Vice President
    (2) Nancy Pelosi (D) Speaker of the house
    (3) Patrick Leahy (D) President Pro Tempore
    (4) Anthony Blinken (D) Secretary of State
    (5) Janet Yellen (D) Secretary of the Treasury
    (6) Lloyd Austin (D) Secretary of Defense
    (7) Merrick Garland (D) Attorney General

  • Angela Young

    08/24/2021 06:44 PM

    We can't court martial him? Fine. Then convict him of treason and impeach him. This administration has been a joke since they "won" (aka STOLE) our election in the first place. We all know it. It's not a conspiracy theory or bitterness; it's fact.

  • william drager

    08/24/2021 06:37 PM

    this stolen POTUS must be removed from office and Trump re-instated since the entire election was a fraud and so full of discrepancies it isn't funny. Dominion voting machines tamper with to dis-allow GOP vote and only count dem votes. Dead people voting and multiple double ballots.l also ballots counted that were never mailed out.

  • Justine Cameron

    08/24/2021 05:13 PM

    Did we not try to tell the democrats what a disaster Joe Biden/Kamala Harris would be if they were elected. NO ONE listened to us. I am so worried for our country, someone PLEASE do something.