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Recent incidents bring about UCMJ questions

| May 6, 2009 9:00 PM

I make no accusations here. I just have questions.

I spent some time in the U.S. Army. Later, I joined the U.S. Coast Guard. I was introduced to a new form of military law called Universal Code of Military Justice. We received bits and pieces of the UCMJ as time passed and any changes were brought to our attention.

Now I know our new president is a graduate of Harvard Law School, but I do not know what courses he took.

Question 1: Is he a trial lawyer? At Harvard, could he have specialized in the many facets of criminal law, civil law, business law, divorce law, etc., etc.?

Question 2: Did he specialize in military laws?

Question 3: As commander in chief of all our military forces (effective on Inauguration Day this past January), is he now, like all our generals and admirals, subject to UCMJ? Every private, seaman, sergeant, ensign, captain, etc. are all subject to the UCMJ? All are supposed to know early in their career about the care of classified documents entrusted to them. I remember having top secret documents in my custody. I was told, don’t lose any, ensure that any checked out to other personnel were accounted for and that any possession these documents had to have “top secret clearance.” As I was the custodian, I was responsible for knowing who had the documents, and I was reminded often that if any turned up in the hands of unauthorized personnel, I would be held accountable. Also, I was reminded often that disclosure of top secret data to authorized personnel was a court martial offense.

Question 4: Who is the custodian of top secret documents in Congress?

Question 5: Is that person subject to UCMJ?

I wonder if members of Congress, members of the cabinet, pages, etc., have received clearances, i.e., secret, top secret, confidential? Who is held responsible in our government hierarchy outside of the military personnel for safeguarding our nation’s secrets.

Thoughts to ponder in an old man’s mind.

JAMES A. BLAKE

Sandpoint