As Commander-in-Chief, can Bush be court martialed?

[saoirse]

I would think it would be highly appropriate given how he failed to act to prevent the attacks on 9/11 despite being given ample warning of the planned attacks. This would seem to amount to gross dereliction of duty, at the very least.

If we were talking about the same kind of thing happening to a military officer, does anyone believe the person in question wouldn't be court martialed? Does the concept of a court martial apply to the Commander-in-Chief?

Of course, I'd settle for impeachment too.

[Sanity]

1. He is the AG's boss. Also, he can pardon himself.

So no.

[hang a left]

2. Yes but....he is the CIC....would he be vulnerable to military law?

good question BTW.

[happyslug]

4. Who is is superiors?

In A court Martial, ALL THE MEMBERS OF THE BOARD (THE JURY) must be equal to or superior to the person being tried. Since NO ONE IS HIGHER THAN THE PRESIDENT NO ONE CAN SIT ON THE PANEL.

Simple put the only court who can try Bush for Violation he commits as Commander in Chief is Congress via Congress's impeachment powers.

Please note Bush can be tried in a Civilian Court for his crimes (if any) but I can not see him being tried by a Court Martial.

[hang a left]

5. well that has been cleared up now. thanks

[Zomby Woof]

3. no

He is a civilian, and the Constitution makes it clear that impeachment is the only avenue by which a president is tried.

Being C-in-C is just one of many hats for a president. So impeachment is the catch-all for legal ends.

Don't let emotionalism cloud reason.

[Racenut20]

6. He can only be impeached by the House of Representatives

[Davis_X_Machina]

7. The question came up with Clinton...

...and it was rejected then.

The president isn't even subject to the Unform Code of Military Justice.