John Kerry's Multiple Violations of the UCMJ -- why wasn't he tried and sentenced?

Uniform Code of Military Justice (United States) ^ | 9/22/04

[Chapita]

Yep! The Sing Sing couple..........

[Grampa Dave]

Three words answer the question, why he wasn't tried:

Senator Ted Kennedy

[NoControllingLegalAuthority]

Powerful political friends. The Dems turned him into a poster boy. They had control of the federal budget with their majorities in congress in those days. The funding of the federal government was a powerful sledge hammer in the hands of the majority. Not only was the power of congress on his side, but the major media supported Kerry's efforts and back then, people believed what they saw on the nightly news. The media would have made Kerry a martyr if he had been prosecuted.

Fortunately, the American people are going to hand Kerry a much more bitter pill in November and it will hurt like nothing's he's ever felt. Even a prosecution by the government for his treason wouldn't have hurt the guy like the humiliation he's gonna feel on election day.

[Earl B.]

The real answer? Although in the reserves, Kerry was not on active duty at the time of his "offenses." He therefore was not subject to the UCMJ at that time. Which means his conduct was not a violation of the UCMJ. Perhaps other laws, but not the UCMJ.

A reservist can be brought back onto active duty for a court-martial IF it is for offenses committed while he was on active duty.

[ops33]

Article 2, Section A of the UCMJ shows that John Kerry was not subject to the UCMJ. He was in inactive reserve status and persons in this category are not subject to the UCMJ unless the offense that they committed occured while they were in a status subject to the UCMJ.

[pabianice]

Article 2, Section A of the UCMJ shows that John Kerry was not subject to the UCMJ. He was in inactive reserve status and persons in this category are not subject to the UCMJ unless the offense that they committed occured while they were in a status subject to the UCMJ.

No. Reserve officers remain legally "Officers of the United States." They can be, and have been, involuntarily recalled to active duty to be court-martialed for acts done in an inactive status.

[El Gato]

I think Private Slovak/Martin Sheen got a firing squad for less!

Private Slovak was subject the Law of Land Warfare (predecessor to the UCMJ). SKerry was not subject the UCMJ once he became an individual ready reservist. Reservists are only subject to the UCMJ when in a duty status.

That doesn't mean that his action in treating with the enemy were not criminal and treasonous, they were. However his reserve status doesn't enter into the question. The actions were illegal for anyone.

[ops33]

I went back and re-read Article 2 and cannot find any subparagraph that would apply to Kerry when he met with the North Vietnamese. Can you please tell me which part of Article 2 states that Kerry would have been subject to the UCMJ when he met with the North Vietnamese?

As much as I dislike Kerry and loathe what he did in meeting with the North Vietnamese, I cannot see where he violated the UCMJ or was even subject to it during the time he met with them.