by Joseph DeMaio, ©2021

(Aug. 23, 2021) — It starts.

The former commander of British forces in Afghanistan, retired Colonel Richard Kemp, CBE, rejects the notion that the Goofball-in-Chief – formerly known as Joseph Robinette Biden, Jr. – should be impeached as a result of the unmitigated and calamitous disaster he has single-handedly precipitated in Afghanistan. 

Again, this is what always happens when socialists, radical liberals – and, as now, an incompetent, mentally-compromised Democrat – are put in control of governmental power.  Your faithful servant is tempted – hypothetically, of course – to ask all those who voted for the Goof in 2020: “Are you happy now?”…, but he will resist that temptation.  

Instead of the long and questionably viable option of impeachment given the present composition of the House of Representatives – which could, and should change – Col. Kemp advocates that, because the Goof is the commander-in-chief of the U.S. military and because he has betrayed his nation, his military forces and tens of thousands of American citizens he has deliberately stranded behind Taliban enemy lines, he should be court-martialed.

Wow.  Strong indictment.

Col. Kemp last Sunday unequivocally stated to Fox News host Mark Levin: “I don’t say this lightly and I’ve never said it about anybody else – any other leader in this position. People have been talking about impeaching President Biden.  I don’t believe President Biden should be impeached.  He’s the commander-in-chief of the U.S. armed forces who’s just essentially surrendered to the Taliban: He shouldn’t be impeached.  He should be court-martialed for betraying the United States of America and the United States armed forces.”

But is a court martial possible?

On the one hand, since the Constitution declares the president to be the “Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into actual Service of the United States…,” (Art.2, § 2, Cl. 1), a plausible argument can be made that the president is, in fact, as the “point of the spear” of the military armed forces, subject to court martial. There is apparently nothing in the Uniform Code of Military Justice (“UCMJ”) to specifically preclude or immunize a president from a court martial.  And if that surmise is incorrect, your humble servant invites correction. 

Moreover, 10 U.S.C. § 802 strongly indicates that a president is, as a matter of fact and law, a “person subject to this chapter,” i.e., Chapter 47 of the UCMJ. 

Specifically, 10 U.S.C. § 802(a)(1) provides that persons who are “subject to this chapter” (and thus, subject to court martial) include “members of a regular component of the armed forces, including… other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it.” Accordingly, it seems beyond rational debate that the “commander-in-chief” of the armed forces is also its sole uber-supreme “member.”

In addition, 10 U.S.C. § 810 provides that a person “subject to this chapter” and “who is charged with an offense under this chapter may be ordered into arrest or confinement as the circumstances require.”

Translation, when the Goof was inaugurated on January 20, 2021 by Chief Justice John Roberts – thanks, judge…  – he became the Goofball-in-Chief.  At that moment, he was “called to duty” to serve as the commander-in-chief of the “armed forces,” a status that will persist until he is no longer the “commander-in-chief.”  That language seems fairly clear: Joseph Robinette Biden, Jr. was, from January 20, 2021 until the present, “subject to” the chapter and sections of the chapter dealing with courts martial. 

Not only is there seemingly no provision of the UCMJ precluding that conclusion, there is no U.S. Supreme Court decision – yet – prohibiting a president from being court martialed.  The Republic is thus presented yet another “case of first impression” for the Court, not unlike the presidential “natural born citizen” case the Court has thus far successfully evaded deciding.

This time, however, the Court had better not “evade” its constitutional duty to entertain what is rapidly becoming an existential threat to the survival of the Republic.  Remember two things: (1) Obama’s admonition about the Goof; and (2) the loon has access to the nuclear missile launch codes

Today, we are witnessing the catastrophe of the Goof’s “prowess” in foreign relations unfold in Afghanistan, but who can predict when the next fireball and the ensuing fallout will explode?

Faithful P&E readers, your humble servant is no expert on the interstices of jurisdiction and procedures governing a general court martial.  But as the Goof continues to ignore the growing calls for his resignation and the situation continues to spiral even farther out of control in Kabul – with firefights now breaking out and the Taliban spray paint-tagging for later “questioning” Afghanis leaving the U.S. Embassy who have helped the United States in the past – something other than the Goofball’s and his flaks’ prevarications over how well the evacuation of Americans is going and how “this is all Trump’s fault” must now come “front and center.”  Soon.

If a court martial is not the solution, someone had better come up with an alternative STAT. Stated otherwise, listening to both current and retired military officers and enlisted personnel, forget about the chaos at the Kabul airport: the ingredients for – gasp!, the unthinkable – a military coup d’état could be sulking on the horizon in the District of Columbia.  Even if a court martial were possible, it would, in effect, amount to a de facto or “soft” coup d’état.  Outside of the 1964 fictional movie Seven Days in May, that scenario, of course, would be unprecedented in the history of the Republic.  But recall, Virginia, that “unprecedented” is not a synonym for “impossible.”

Bottom line, as recently noted here, one way or another, the Goof must exit…, stage left.

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  1. Biden CAN be court-martialed as can Obama and Pelosi. They are all Spies under Article 103 of the UCMJ. Obama usurped the Presidency, during time of war with Pelosi’s help and Biden’s complicity. YES. They ARE all spies and traitors. Harris has become complicit as well. This article covers “ANY person” regardless of status. ANY person.

    1. President Leahy has a nice ring to it.

      Regardless whether a civilian is somehow subject to the UCMJ, no convening authority actually is going to institute proceedings against Biden, Harris, or Pelosi. Just as none were instituted against Obama.

  2. OK Joe how will you find any officers who out rank him as prescribed in the Manual for Courts Marshall?

    Retired USAF officer who sat on about 20 of those proceedings

    1. I have said many times that Obama was a spy and that Biden is complicit with Obama’s espionage. BOTH can and should be court-martialed under 10USC, Sec. 106 and 106 (a). Obama, as a usurper, had absolutely NO authority to access our nations secrets. Biden knew that Obama was a fraud and he is complicit. Since Obama was never the CIC and Biden is complicit with Obama’s espionage during wartime both are wartime spies.

  3. Biden should be impeached because of the deal he made with the Taliban last year to release the Taliban leader Abdul GhaniBaradar (second in command to Mullah Omar) and 5000 elite Taliban fighters from prison. He also set a May 1 deadline for withdrawal. There directly led to the mess we are in now. How could Biden have been so shortsighted?

  4. “10 U.S.C. § 802(a)(4) Retired members of a regular component of the armed forces who are entitled to pay.”

    A retired member of our armed forces is one who, having served 20+ years, has been Honorably Discharged from serving in and, therefore, is no longer a member of our armed forces. If such a person is nonetheless subject to Courts Martial per the UCMJ simply because they receive financial compensation from the U.S. government then surely a sitting Commander In Chief who also receives financial compensation from the U.S. government is also subject to Courts Martial per the UCMJ.

    Be that as it may/may not, what Biden and Harris have done in Afghanistan — withdrawing our armed forces from Afghanistan deserting thousands of Americans and leaving $BILLION$ of military equipment behind — constitutes nothing short of aiding and abetting the enemy, the very definition of treason.

    If Nancy Pelosi doesn’t initiate an impeachment hearing based upon treason on/before 8/31/2021 then the U.S. Congress should charge her with “Dereliction of Duty” and remove her from office. If her replacement doesn’t immediately initiate said impeachment hearing then they should be similarly charged and removed, and so on until someone abides the Oath of Office they affirmed/swore to.

    Failure to remove Biden and Harris STAT is not an option. The options are: 1) A military junta; 2) A civilian coup d’etat; 3) Civil War II.

    1. That’s not how any of this works.

      Congress is not subject to “dereliction of duty,” as that applies only to the military. And Congress doesn’t charge anyone, as it is the legislative branch and not the executive branch.

      Removing a member of Congress from office requires a two-thirds vote (for the House, that’s 290 votes). If there were 290 votes to remove Pelosi, there also would be at least 218 votes to impeach Biden.

      And, of course, the president is not a member of the armed forces; the president commands the armed forces.

      Believing that Biden will be court-martialed or that Pelosi will be removed from her office is strictly wishful thinking.

    2. Pelosi is also complicit with Obama’s espionage and treason during wartime., along with Biden. The TOP three people in line for the Presidency. Biden, Harris and Pelosi are either frauds and or complicit with Obama’s treason. Making Obama,Biden,Harris and Pelosi, et al, TRAITORS ALL.

        1. You comment more or less implying the futility of doing so again, only illustrates the fact that the DC Police and DC Judiciary have been and are flagrantly derelict in their duty.

  5. The Commander-in-Chief is a Civilian Officer.

    “The President receives his compensation for his services, rendered as Chief Executive of the Nation, not for the individual parts of his duties. No part of his compensation is paid from sums appropriated for the military or naval forces; and it is equally clear under the Constitution that the President’s duties as Commander in Chief represent only a part of duties ex officio as Chief Executive [Article II, sections 2 and 3 of the Constitution] and that the latter’s office is a civil office. [Article II, section 1 of the Constitution . . . .]

    The President does not enlist in, and he is not inducted or drafted into, the armed forces. Nor, is he subject to court-martial or other military discipline. On the contrary, Article II, section 4 of the Constitution provides that ‘The President, [Vice President] and All Civil Officers of the United States shall be removed from Office on Impeachment for, and Conviction of Treason, Bribery or other high Crimes and Misdemeanors.’ . . .

    The last two War Presidents, President Wilson and President Roosevelt, both clearly recognized the civilian nature of the President’s position as Commander in Chief. President Roosevelt, in his Navy Day Campaign speech at Shibe Park, Philadelphia, on October 27, 1944, pronounced this principle as follows:–‘It was due to no accident and no oversight that the framers of our Constitution put the command of our armed forces under civilian authority. It is the duty of the Commander in Chief to appoint the Secretaries of War and Navy and the Chiefs of Staff.’ It is also to be noted that the Secretary of War, who is the regularly constituted organ of the President for the administration of the military establishment of the Nation, has been held by the Supreme Court of the United States to be merely a civilian officer, not in military service. (United States v. Burns, 79 U.S. (12 Wall.) 246 (1871)).

    On the general principle of civilian supremacy over the military, by virtue of the Constitution: ‘The supremacy of the civil over the military is one of our great heritages.’ Duncan v. Kahanamoku, 327 U.S. 304, 325 (1945).”222
    https://www.law.cornell.edu/constitution-conan/article-2/section-2/clause-1/the-president-as-commander-of-the-armed-forces

    1. Usurpers, being not actually IN the office, such as Obama have NO executive immunity. In fact Sec. 106 of the UCMJ covers “ANY PERSON” found to be spying during wartime. Obama spied on the US during wartime in that he, without any legal bona-fides usurped the office of the Presidency by fraud during a time in which our nation was AT WAR. Biden is complicit with those acts committed by Obama, as is Pelosi.

  6. Hi Sharon,

    Joseph DeMaio asked a great question: “But is a court martial possible?”;

    Not being a constitutional “scholar”, my understanding is that if a U. S. president, the person who is the Article II executive branch as an individual and who, as an individual, appoints executive offices and officers (DOJ, FBI, CIA, DNI, etc.,) with Senate approval, if as president of the federation the president commits a crime while in office, the president must be impeached first and then be indicted for the crime as a citizen of the federation.

    So, it seems to me that the same principle applies to the UCMJ (which is under the authority of the executive of the executive branch) and being court martialed while in office as the executive elected by the electors to the executive branch of the federation.

    First remove a president from office by either resignation, impeachment, or the 25th Amendment, and then pursue the crime. Or, impeach “O”Biden anyway for the crime of lying to the American people to get into office and while in office.

    Hey, the Democrats falsely charged President Trump of inciting a riot on January 6, 2021 and the FBI has with the past week exonerated him and his supporters of being insurrectionists, so maybe old Joe “O”Biden can be charged with being himself.

    Art