Posted on 04/18/2006 5:28:03 AM PDT by conservativecorner
Consider two hypothetical situations. In the first, a United States Army general officer in a theater of war decides by himself that he strongly disagrees with the orders of the secretary of defense. He resigns his commission, returns to private life and speaks out vigorously against both the policy and the secretary of defense.
In example two, the top 100 generals in the Army military chain of command secretly agree amongst themselves to retire and speak out -- each one day after the other.
In example one, above, unambiguously, the general has behaved lawfully. In example two, an arguable case could be made that something in the nature of a mutinous sedition has occurred in violation of Article 94 of the Uniform Code of Military Justice procedure. When does an expanded version of the simple honesty and legality of the first example cross over into grounds for a court martial?
More specifically, can a series of lawful resignations turn into a mutiny? And if they are agreed upon in advance, have the agreeing generals formed a felonious conspiracy to make a mutiny?
This may sound far-fetched, but in Sunday's Washington Post the very smart, very well-connected former Clinton Ambassador to the United Nations Richard Holbrooke published an article entitled "Behind the Military Revolt." In this article he predicts that there will be increasing numbers of retired generals speaking out against Sec. Rumsfeld. Then, shockingly, he writes the following words: "If more angry generals emerge -- and they will -- if some of them are on active duty, as seems probable . . . then this storm will continue until finally it consumes not only Donald Rumsfeld."
Mr. Holbrooke is at the least very well-informed -- if he is not himself part of this military cabal intended to "consume ... Donald Rumsfeld." Mr. Holbrooke sets the historic tone of his article in his first sentence when he says this event is "the most serious public confrontation between the military and administration since . . . Harry Truman fired Gen. Douglas MacArthur."
He takes that model one step further later in his article when he compares the current campaign against Rumsfeld with the MacArthur event and with Gen. George McClellan vs. Lincoln and Gen. John Singlaub against Carter, writing: "But such challenges are rare enough to be memorable, and none of these solo rebellions metastasized into a group, a movement that can fairly be described as a revolt."
A "revolt" of several American generals against the secretary of defense (and by implication against the president)? Admittedly, if each general first retires and then speaks out, there would appear to be no violation of law.
But if active generals in a theater of war are planning such a series of events, they may be illegally conspiring together to do that which would be legal if done without agreement. And Ambassador Holbrooke's article is -- if it is not a fiction (which I doubt it is) -- strong evidence of such an agreement. Of course, a conspiracy is merely an agreement against public policy.
The upcoming, unprecedented generals' "revolt" described by Mr. Holbrooke, if it is not against the law, certainly comes dangerously close to violating three articles of the Uniform Code of Military Justice:
"Article 94 -- Mutiny and sedition (a) "Any person subject to this chapter who -- (1) with intent to usurp or override lawful military authority, refuse, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition."
"Article 88 -- Contempt toward officials "Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct."
"Article 134. General Article. Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court."
Certainly, generals and admirals are traditionally given more leeway to publicly assess war policies than is given to those in lower ranks. But with that broader, though limited, discretion comes the responsibility not to be seen to in any way contradict the absolute rule of civilians over the military in our constitutional republic.
The president has his authority granted to him by the people in the election of 2004. Where exactly do the generals in "revolt" think their authority comes from?
Happens when Heros turn Democrat!
When you consider the different times and locations of the generals' remarks, then a "mutininy" seems unlikely. Also, the author fails in one very important point: If a general is retired, he no longer is subject to UCMJ and can no longer be a "mutineer". Once retired, he becomes nothing more than a loud, informed, critic just like any other US citizen.
This is absurd. Black letter rules do not change the reality.
Those generals had no place in the modern army. They were dead enders dependent on wealing democrats like carter and clinton to keep rubber bullets in their weapons. These are the generals of the mooch off the military generations.
They wanted FREE STUFF and never ever ever imagined the militray would be actually used as a MILITARY! (gasp!)
This is just the mediots trying to Moby the public.
These generals have envigorated the broken glass republican in me.
That's not how I remember it. Can you identify these three and four starts? And tell us when he "publicly humiliated" them? Not exact dates, but relative to their own public statements critical of the plan.
As I remember it, there were some generals who made negative public
comments, and at that point, Rumsfeld called them on it.
Set up. Definitely a set up. Good find and thanks for the ping.
ROTFLMAO! "Dumsfeld" (his Pentagon moniker) is the most hated SECDEF by the military since McNamara! (Remember his flippant "You go into battle with the Army you've got sergeant!" made to the National Guardsman complaining about lack of armor in Iraq?)
Execute the Treasonous Seven under the charge of treason.
They are supporting international terrorism in the name of paltry book deals and CNN interviews.
They are pathetic, but they are dangerous.
Q: Why are these so-called leaders running to Anti-American attack machines like CNN and NYT for their "story?"
A: I sense their sedition is motivated by some money, DNC politics and a need to hear their own voices.
Better - according to this guy, Zinni wants to be VP.
Maybe this statement on the Consortium News website by longtime political strategist Brent Budowsky adds some light to Zinni's flip-flop, "In my judgment, the unity ticket with the strongest potential would have former Vice President Al Gore, a Democrat, in the top spot, and retired Marine Corps Gen. Anthony Zinni, a politically independent military man (and Democrat), who supported George W. Bush in 2000, in the second slot."
http://www.consortiumnews.com/2006/041006a.html
There were shouting matches outside of DR's inner office on more than one occasion prior to March 2003, and DR's characterizations of officers who thought more force would be required to suppress armed resistance was quite caustic and demeaning. I'm afraid I can't be more specific, and you can certainly choose to disbelieve it because I'm not citing witnesses or participants.
But, as I said, there are all kinds of leaders, but one of the problems with THAT particular style is that when things go south, you don't have any friends to help you out.
"Those generals had no place in the modern army."
Too bad we had them in such high positions fighting the war.You'd think we'd had a weeding-out procedure, what with the important things going on in Iraq these days.
Our millitary policy is directed by civillian elected representatives. To my knowledge, we don't elect generals. If active millitary officers conspire against our elected leaders, I cant help but see this as a coup. This is treason and should be treated as such.
As for these loudmouth do-nothing-of-significance generals like Zini, if you don't like the SecDef, elect a new president. Untill then, keep your piehole shut.
I keep hearing about these wussy generals crying foul after they retire, but where are the MacArthurs and Pattons who have waited their whole lives to lead in wartime?
There are a lot of egos at that level, not just Rumsfeld's.
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