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Dershowitz: 'Quid Pro Quo Alone Is Not a Basis for Abuse of Power' - Do You Agree?
by Countable's Trump Impeachment Coverage
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  • Brett
    Voted No
    01/29/2020
    ···

    UNIFORM CODE OF MILITARY JUSTICE ARTICLE 133: CONDUCT UNBECOMING Conduct “must offend so seriously against law, justice, morality or decorum as to expose to disgrace, socially or as a man, the offender, and at the same time must be of such a nature or committed under such circumstances as to bring dishonor or disrepute upon the military profession which he represents.” William Winthrop, Military Law and Precedents 711-12 (2d ed.1920)). All that is required is for the offender’s conduct to fall below the level of conduct expected of officers and to seriously expose him to public opprobrium. United States v. Rogers, 54 M.J. 244, 256 (C.A.A.F. 2000). Private conduct may constitute an offense under Article 133, UCMJ, and there is no requirement that the conduct be otherwise criminal. United States v. Moore, 38 M.J. 490 (C.M.A. 1994); United States v. Norvell, 26 M.J. 477, 481 (C.M.A.1988). Conduct constitute an offense elsewhere under the UCMJ. United States v. Taylor, 23 M.J. 314, 318 (C.M.A.1987) That is what uniform service personell must adhere to under penalty of Court martial; why should their Commander in Chief not be held to the same standards?

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