[El Gato]

I find it odd that the Judge, on page 6, quotes the oath of enlistment, when discussing the status of a military officer, rather than the officer's oath. Considering that the Judge was an officer himself, and could be expected to know that the oaths are different, and that the officers oath is the same as other federal “officers” from the Vice President on down.

[The Sons of Liberty]

The oaths are different, but unless you are an Officer who swore in enlisted personnel on enlistment, or re-enlistment, you might not have ever noticed the differences.

Most, if not all, Officers only swear their oath once, when they are commissioned.

[presently no screen name]

Perhaps he didn’t write it - he left it to his new law clerk.

[El Gato]

I just noticed that the oath of enlistment as quoted in the ruling is *wrong*. It leaves out the the word "the President of" as in "obey the orders of the President of the United States", instead saying "obey the orders of the United States".

The "oath" cut and pasted from the ruling:

I, _______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

The oath from 10 USC 502:

“I, XXXXXXXXXX, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

Clerk messed up pretty badly there.

The officers oath is specified in Title 5 section 3331 It's not in Title 10 (Armed Forces) because it's not unique to military officers, rather it applies to individuals, "except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services", and is Constitutionally required by Article VI of the Constitution.