This isnt a satire , and it is being geared up

[phalanx]

 Artical 90 UCMJ :


The Uniform Code of Military Justice (UCMJ) 809.ART.90 (20), makes it clear that military personnel need to obey the "lawful command of his superior officer," 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order". In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president that do not comply with the UCMJ. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ."
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The Punitive articles of the UCMJ are the laws that can actually trump the Constitution, if the Constitution is used in a way seen as at odds with these Laws, but you better sure have a good reason, and be able to prove it ,unless you want to dance at the end of a rope.
As you see ,the UCMJ ,is the Muscle and the teeth on the Constitution.
Obama is freaking out because as a Lawyer,and having never served in the Millitary ,he is finding out that although he is the commander and chief ,he has no control over the UCMJ in ordering Millitary Officers to do things they see as illegal ,and contrary to the Constitution.
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 The military justice system derives its authority from three major sources:

* The Uniform Code of Military Justice (UCMJ).
* The Manual for Courts-Martial (MCM).
* Army Regulation (AR) 27-10.

The UCMJ is a federal law and the basis of our military justice system. It determines what conduct is criminal, establishes the various types of courts, and sets forth the procedures to be followed in the administration of military justice. You can find the UCMJ in Appendix 2 of the MCM, United States, 1984 or in 10 United States Code (USC) §§801-940.

SC -199:
These provisions allow for the disobedience of illegal orders, but such orders may themselves constitute a crime, or be part of a criminal conspiracy, either under military or civilian law. Under federal law, 18 USC 242, it is illegal for anyone under the color of law to deprive any person of the rights, privileges or immunities secured by the U.S. Constitution, and under 18 USC 241 it is illegal to conspire to violate such rights. It is a felony punishable by up to 10 years in prison. This could be applied to military personnel who abuse the rights of citizens, either military or civilian. The UCMJ also defines an Article 134 offense: Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official. This could apply to a military officer who impersonates a civilian official in an action against civilians. This includes actions taken under martial law. In RCM 202(a):
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As per interpretation by U.S, Army , JAG Authorization and Procedure as you requested.

You can relieve the President of his command.

Not of his Presidency. But of his military role as Commander-In-Chief.

You simply invoke the Uniform Code Of Military Justice.

The United States Code: Title 10, Subtitle A, Part II, Chapter 47, Subchapter X, Section 934.

Article 134 reads:

"Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court."

Article 133 reads:

"Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct."

A gentleman is understood to have a duty to avoid dishonest acts, displays of indecency, lawlessness, dealing unfairly, indecorum, injustice, or acts of cruelty.

To be crystal clear - I am NOT advocating or inciting you to undertake any illegal act, insurrection, mutiny, putsch or military coup. You are an honorable patriotic man.

I am NOT advocating or inciting you to interfere with any of the civilian duties of the President. That would not be a legal action by you.

However you have the legal responsibility - under Article 134 of the Uniform Code Of Military Justice - to protect the troops under your command by relieving the President of his MILITARY command.

If you have reason to believe that the President is responsible for "disorders and neglects to the prejudice of good order and discipline in the armed forces" and for "conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital" then you have the obligation to act.

In addition to relieving him of his command as Commander-In-Chief, you also have authority to place the President under MILITARY arrest.

Article 7 of the Uniform Code Of Military Justice specifically says:

(b) Any person authorized under regulations governing the armed forces to apprehend persons subject to this Code may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.

(c) All officers, warrant officers, petty officers, and noncommissioned officers shall have authority to quell all quarrels, frays, and disorders among persons subject to this Code and to apprehend persons subject to this Code who take part in the same.

I understand that it would not be an action to undertake lightly.

In all your 39 years of service you have shown total loyalty to the chain of command.

However, given the current imperilment of US troops, and the "Conduct Unbecoming Of An Officer And A Gentleman" of this President - you have a greater responsibility to your nation, your code of honor and to the US Constitution.

I wish you well as you prepare to undertake the most heroic action of your distinguished career.

General Pace - please save the US.

Respectfully yours,

Col. Martin Lewis
Office of JAG , Denver Colorado
1/23/09

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Interesting read don't you think ?
It looks cut and dried to me ,and gives us a Heads up on what is going on.
But it depends on how you look at this if it may be a good or bad thing.

[Graybeard]

Are you saying that a General Pace requested legal guidance and was issued this as guidance by Col. Martin Lewis Office of JAG , Denver Colorado? And that this is real and not another hoax?

I once was faced with a similar situation. I was not military but civilian employee of the Army at the time.

A temporary acting Director ordered me as a Division Chief (same full time position as him but he was one grade higher and was acting in place of our supervisor while he was on leave that day) to do an act I knew full well to be in violation of federal law.

I knew it was a set up as he wanted me to be insubordinate and refuse the order in which case he'd have had grounds to proceed on that charge. I also knew if I did it and got caught I'd also be taken to task even worse.

I contacted the depot legal office for advice. His advice was that I could not disobey nor could I follow the illegal order. Catch 22. He suggested that what I should do was prepare a DF immediately and tell him that I understood the order given me to be illegal but that as my immediate superior at that moment I assumed he knew something I was not privy to making an apparent illegal act legal and that based on that I was under protest doing as directed.

I didn't even have it completed when I was ordered to report to his office. I explained I needed to wait until the DF was typed so I could sign it. He said I had best NOT WAIT on it and to report IMMEDIATELY. I did as ordered.

I was told to wait when I got there. He, the depot commander, CEO, Director of Maintenance and Director of Supply were on a conference call regarding my actions. My real boss showed up even tho on leave. He went into what was really his office and joined the conference call.

When it was over he came out and told me to disregard the order I had been given. To do what was legal and only what was legal. I heard no more from the incident but none of the folks involved ever attempted to give me an illegal order again.

[phalanx]

GB ,i swear on my grave that is just the way it was received.
To be honist i don't know who this General Pace even is.
Sir, this stuff is way to important to be fooling around about , in no way sir would i make stuff like this up.
It isnt worth getting hung for over a bunch of lies.
In fact i need to cool it , I am a Patriot , i all but cry when i see what is going on here.
You Sir are also ,you have that uncanny ability to see through the fog ,and you know the truth.
I need to go tend to my Short wave forum , sometimes being the messenger isnt such a cool job.
Thank you .
Mike.

[Graybeard]

No I'm just wondering if you'd verified it was factual. I've never heard of that General either and would think if a General Officer was interested in such info he'd not be asking if of a Colonel. The info given him in this situation isn't what I was given in a mildly similar but at the same time vastly different situation.

My situation involved the use of federal funds. I was told to use the wrong color of money a clear violation of federal law. Funds are appropriated for a particular use and it is not legal to use them for a totally different use and that is what I was directed to do.

Do you have any supporting documentation that can be followed up to see if there is truth behind this?

[phalanx]

I asked that also ,and the Col. is retired,and works as a civilian defense Lawyer out of that office.
He defends Defense Contractors and their Employees who are working over seas on Millitary bases.

He was the one who defended that kid who would not take orders from the UN years ago ,but he was in uniform then.
Pace is real ,he was the head of the joint chiefs and was replaced by Mullins.
It seems that Pace is very out spoken ,and he was asked to step down because he was saying things about Gays in the Millitary.
http://www.zimbio.com/General+Peter+Pace/articles/18/Can+trust+Hillary+Clinton+Barack+Obama+Morality

It seems the general has a real problem with Obama and Hillary during the primary's.
He is still on Active duty and it dosent surprise me he is doing this if you read up on him.
I like him already !!!

[lrs]

I found this on wikipedia:
This is a portion, but note the 2nd to last sentence.


http://en.wikipedia.org/wiki/General_Pace

Peter Pace (born November 5, 1945) was a four-star general in the United States Marine Corps and served as the 16th Chairman of the Joint Chiefs of Staff, the first Marine appointed to the United States' highest-ranking military office. Appointed by President George W. Bush, Pace succeeded U.S. Air Force General Richard Myers on September 30, 2005. His other four-star assignments include being the 6th Vice Chairman of the Joint Chiefs of Staff from October 1, 2001 to August 12, 2005 and as Commander-in-Chief, U.S. Southern Command from September 8, 2000 to September 30, 2001.

The Secretary of Defense Robert Gates announced on June 8, 2007, that he would advise the President not to renominate Pace for a second term. Pace stepped down as Chairman on October 1, 2007. He was replaced by Chief of Naval Operations Admiral Michael Mullen.[1][2] Pace retired from the Marine Corps on October 1, 2008.

[phalanx]

Right before the elections , but he is still in a reserve capacity.
Some of these dates on these things may be when they were sent or received and not written.
But the argument he was having with Hillary and Obama would put him still in the Corps , and this letter just came up .
He also had some words about the Election not being ran in accordance to the laws set down for that.

[Graybeard]

It would be interestng and informative if we had his request for advice to read as well. I wonder if that's available anywhere.

[phalanx]

I have sent an email to the ones who sent that ,and i haven't gotten anything from them yet.
But that letter has shown up on another Gun site , before i received anything on it.
They also had a letter involving the judge in GITMO ,about not removing him or prosecuting him so to not draw attention to this.
Guys whether you wish to believe it or not ,we are in the middle of a Cyber war , People woke up this morning to a thing that flashed up in their browser.
Its timing was horrible , but its intent was clear ,and it wasn't funny at all.
I didnt get it nor have i seen it ,but i was told what it was and it wasn't meant to be funny.
It sent a chill down the spines of those who did see it.
There are definatly two forces at work here , and one was set back for a few days but now is coming out hard once more.
The other picked up the gauntlet ,and came back just as hard , and in fact is leading in the cyber war.
Men in strange Uniforms were in a store in Louisiana last week ,people thought they were foreign just Training here.
It turns out that wasn't the case at all .
I don't know enough to be posting a whole lot of anything about it ,but the people who saw them said they looked German ,but were not.
The days of (give me a link ) are over , who in their right mind would be posting links all over the place ? even Obama is smarter than that as to his true intent.
It doesn't matter if people attack me or Anyone else , it simply does not matter any longer, the time for that is long gone now.
You will be getting a lot of answers real soon from the looks of things.

[ironglow]

  I have observed Gen Pace in news accounts by Fox News. I have admired him at almost every turn..Perhaps a Pace/Palin or Palin/Pace ticket for 2010 (to pick up the pieces) may be a consideration.
  This walk-on-water guy seems to have slipped, day by day he seems to be more "in over his head".

[jager]

   General Pace is a real "patriot" who was asked to step down after he gave his honest opinion about "gays" and more specifically their service in the military, which he was very much in opposition. Our "politically correct" congress and news media made sure President Bush got enough "heat" to have him removed after one term. (You might remember him as the General who usually accompanied Sec. Def. Rumsfelt at his many press briefings.) His leaving may well have been "tied" to Rumsfelt's losing favor with the public in the way the war was being "waged" and may not have anything to do with the "gay issue".  Infighting at that level usually has little to do with what is reported to the public.
    After Pace's retirement, there has been some "noise" in Virginia about "drafting" him for a "senate run". I think he would make a good replacement for Senator Warner or Webb.
    I had the pleasure of knowing him when he was a Major and later in the field as a Lt. Col. He served his country with more honesty and dignity than any of the politicians he ever served under.
    Phalanx, your information is interesting but puzzling! Do you seriously think there is some kind of "coup" afoot? Irs's information is correct that Pace retired last October, which would put him out of the "chain-of-command"; but maybe not out of the realm of influence.