Trump was still head of the military on 1-6.

[leftyladyfrommo]

Couldn't he be tried for dereliction of duty in a military court?

[leftieNanner]

1. He was not a member of the military

Civilian Commander in Chief.

I think the answer is no.

[leftyladyfrommo]

2. Ok. Just a thought.

[Kid Berwyn]

3. Yes, gross criminal dereliction of duty.

Trump was commander-in-chief at the time and responsible for national security, including the nation’s Capitol. Part of this responsibility is keeping order and protecting citizens’ physical security from harm. The dim turd was repeatedly warned his actions and inactions would harm the People and nation, delay the Electoral vote count, lead to loss of life and destruction of government property, etc etc etc. “Every crime imaginable.”

[Ocelot II]

5. While that may be true, it doesn't give the military courts jurisdiction over him.

He's a civilian. Period.

[Kid Berwyn]

7. True, he's a civilian.

As President, head of the executive branch, MF45 is also the chief administrative officer of the federal government. Here’s how, I understand, the law applies to him and other government employees:

dereliction

Dereliction is the abandonment of a thing, person, or obligation. Dereliction of personal property is the abandonment of such property, making the property derelict and open to potential salvors.

Dereliction of duty is a person’s purposeful or accidental failure to perform an obligation without a valid excuse, especially an obligation attached to his or her job. In the 1991 U.S. Court of Military Appeals case, U.S. v. Powell, the Court stated that a person is guilty of the offense of dereliction of duty when he or she willingly or negligently fails to perform his or her duties or by performing such duties in a culpably inefficient manner. The Court noted that work done in a culpably inefficient manner is when there is no reasonable or just excuse for the inefficiency.

Source: https://www.law.cornell.edu/wex/dereliction

As for Dimdonnie the Demented Moron, a spokesperson for the January 6 committee said:

Jan. 6 Panel: Ex-White House Lawyer Spoke of ‘Trump's Supreme Dereliction of Duty'

The statement came amid reports that former Trump White House lawyer Pat Cipollone had invoked executive privilege for some questions Friday

NBC News, Published July 10, 2022

Excerpt…

"In our interview with Mr. Cipollone, the Committee received critical testimony on nearly every major topic in its investigation, reinforcing key points regarding Donald Trump’s misconduct and providing highly relevant new information that will play a central role in its upcoming hearings," the statement from House Select Committee spokesman Tim Mulvey read.

It continued: "This includes information demonstrating Donald Trump’s supreme dereliction of duty."

Source: https://www.nbcchicago.com/news/politics/jan-6-panel-ex-white-house-lawyer-spoke-of-trumps-supreme-dereliction-of-duty/2877757/

The traitor betrayed his country and oath of office.

[DetroitLegalBeagle]

8. He, nor any other civilian, is subject to the UCMJ.

Dereliction of Duty is punishable under UCMJ only.

[Kid Berwyn]

9. He is a government employee.

He had a job to do. He not only didn’t do it, he didn’t even try.

[DetroitLegalBeagle]

10. And?

UCMJ doesn't apply. And I know of no civilian equivalent of dereliction of duty in Federal law. He failed at many things during his presidency. The only recourse is impeachment and removal, losing his reelection, or charging him(and convicting) with an actual crime he committed.

[Kid Berwyn]

11. That's what Dimdonnie Trump says, too.

I’m going to go with George Washington.

From Washington to Trump: What Is Dereliction of Duty?

When presidents take the oath of office, they are expected to protect America against attack. But what about pandemics and economic depressions? Here’s a brief history of how presidents have handled different threats.j

Lindsay Chervinsky
Governing.com, March 3, 2021

… After the Constitution was ratified, the framers applauded the presidents that defended the Constitution against any type of armed force and condemned those who fell short. For example, protests in western Pennsylvania against a whiskey excise tax turned violent when rebels burned down the home of a local tax collector in 1794. After unsuccessfully pursuing peaceful solutions, President George Washington called up local militias and crushed the rebellion. Most Americans agreed with his decision — even the Republican newspapers that regularly criticized the president.

On the other hand, when James Madison failed to take an active leadership role in the War of 1812, he was widely criticized. Especially after the British Army sacked Washington, D.C., and burned the White House and the Capitol. While much of the military blame belonged to the field commanders, critics dubbed the conflict “Mr. Madison’s War,” as a nod to the president’s failure to defend the city. The framers made clear, when it comes to military defense, that the buck stops with the president….

Source: https://www.governing.com/now/from-washington-to-trump-what-is-dereliction-of-duty.html

Even if there’s s no formal statute, the guy was derelict in defending the Constitution, protecting the physical security of the US Government, and inciting an armed mob. Hope to see him in court real soon.

[Ocelot II]

4. No, being commander in chief does not make him a member of the military.

It's a constitutional thing that creates civilian control of the military. The president is a civilian and not under the jurisdiction of military courts.

[brush]

6. Dereliction of duty is certainly on the table...

but not before a military court. He's a civilian and as the President was definitely responsible for keeping the Capitol safe and for putting down an attempted coup against the US government.

He didn't for several hours, in fact, he encouraged insurrectionists to march to the Capitol and fight or they won't have country anymore.

End of story. Can't be denied. We all saw it happen.