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Unlawfully Abandoning Post in Time of War

 

Intentionally Shirking Duty to Order Abandoned Post Re-Manned in Time of War and to Determine Whereabouts of and Apprehend the Person Who Abandoned It


T

he first applies to the governor of the State of South Carolina. The second initially to her attorney general, secretary of state, comptroller general, and treasurer; then to the attorney general alone.

Several of her laws, executive proclamations and addresses, and constitutional provisions which appear relevant:

SECTION 25-1-1820. Circumstances requiring active duty.

The National Guard shall not be subject to active duty other than training duty, except... in case of war....

Governor's Proclamation, 6/29/2003. America 2003 Week.

WHEREAS, America's war on terrorism continues to be fought around the globe....

Governor's State of the State Address, 1/17/2007.

... So before we consider the State of the State this evening, it's worth pausing again to remember our country remains at war....

SECTION 25-1-10. Definitions.

Wherever used in this chapter, the word... "National Guard" shall be understood to include the organized militia, both Army and Air.

SECTION 25-1-310. Administration of State militia.

The militia of the State not in the service of the United States shall be governed and its affairs administered pursuant to law by the Governor, as commander-in-chief, through the military department....



Being commander-in-chief of the state's military in time of war is an extremely grave responsibility.

SECTION 25-1-40. Applicability of Uniform Code of Military Justice.

Whenever any portion of the militia of the State is on duty under or pursuant to orders of the Governor..., the systems, precedents, and procedures established in the Uniform Code of Military Justice for the governing of armed forces of the United States, so far as applicable and not in conflict with any rule or regulation herein prescribed, is considered in full force and regarded as a part of this chapter until such forces are duly relieved from such duty. Nothing in this section is construed as relinquishing the state's authority and jurisdiction in such matters. No punishment under this section extending to the taking of life shall in any case be inflicted except in time of actual war, invasion, or insurrection declared to exist by proclamation of the President of the United States or the Governor of this State, and then only after the approval of such sentence by the Governor. The Governor shall review the findings of all general courts-martial convened during such situations hereinabove recited.



Sections 801 through 946 of Title 10, United States Code, also appear relevant.

SECTION 1-3-150. Term of Governor elected pursuant to Section 1-3-140.

Whenever a Governor shall be elected as provided in Section 1-3-140, he shall immediately enter upon the discharge of the duties of his office and shall continue to discharge them during the residue of the term.

SECTION 25-1-2430. Person subject to Code of Military Justice.

The Code of Military Justice applies to all members of the military forces whether located within or without the territorial boundaries of the State of South Carolina while in an authorized duty status..., including such time as he was traveling to and from such duty.

SECTION 25-1-620. Circumstances prohibiting resignation or discharge.

No officer shall be discharged or his resignation accepted while under arrest or against whom military charges have been preferred....



The top member of the state's military is its commander-in-chief. He is subject to the Code at all times and in all places while he remains such member. He may not escape punishment for his violations of that Code by any procedural means or other technicality.

SECTION 25-1-3020... leaving post....

Any person subject to this code... who leaves his post before he is regularly relieved, may be punished as a court-martial may direct.

10 U.S.C. § 913. Art. 113. Misbehavior of sentinel

Any sentinel or look-out who... leaves [his post] before he is regularly relieved, shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct....

SECTION 25-1-2925. Absence without leave.

Any person, subject to this code, may be punished as a court-martial may direct if he, without authority: (1) fails to go to his appointed place of duty at the time prescribed; (2) goes from that place; or (3) absents himself or remains absent from his... place of duty at which he is required to be at the time prescribed.

10 U.S.C. § 886. Art. 86. Absence without leave

Any member of the armed forces who, without authority (1) fails to go to his appointed place of duty at the time prescribed; (2) goes from that place; or (3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.

SECTION 25-1-2725. Statute of limitations.

A person charged with... absence without leave in time of war... may be tried and punished at any time without limitation.

SECTION 25-1-3065. Conduct unbecoming an officer.

Any officer who is convicted of conduct unbecoming an officer may be punished as a court-martial may direct.

SECTION 25-1-2950. Failure to obey... statute, or regulation; derelict in performance of duty.

Any person, subject to the code, may be punished as a court-martial may direct, if he: (1) violates or fails to obey any... statute, or regulation;... (3) is derelict in the performance of his duties.

10 U.S.C. § 892. Art. 92. Failure to obey... regulation

Any person subject to this chapter who (1) violates or fails to obey any... regulation;... or (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.

SECTION 25-1-3000. False official statements.

Any person subject to this code who with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, may be punished as a court-martial may direct.

SECTION 25-1-2900. Conspiracy.

Any person subject to this code who conspires with any other person to commit an offense under the code may, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

SECTION 25-1-2980. Noncompliance with procedural rules.

Any person, subject to this code may be punished as a court-martial may direct, if he: (1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under the code; (2) knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused.



When the highest officer in the state's military unlawfully abandons his command — his post — in time of war, makes false statements or conspires with others to assist his abandoning it, thwarts enforcement of the law, and is otherwise derelict in his sworn duty, could there be any other series of Code violations more egregious?

Constitution ARTICLE IV. EXECUTIVE DEPARTMENT: SECTION 12. Disability of Governor.

Whenever a majority of the Attorney General, the Secretary of State, the Comptroller General and the State Treasurer, or of such other body as the General Assembly may provide, transmits to the President Pro Tempore of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall forthwith assume the powers and duties of the office as acting Governor.

SECTION 1-5-30. Responsibility for executive records and papers.

The Secretary of State shall, during the absence of the Governor from Columbia, be placed in charge of the records and papers in the executive chamber. He shall keep in Columbia all the books, records and papers belonging thereto.



Once it becomes clear the highest military officer has unlawfully abandoned his post in time of war, the first duty of state authorities responsible for seeing that this post is manned at all times is to immediately re-man it with the only replacement their constitution allows: the lieutenant governor. Until he assumes that post's powers and duties, the secretary of state takes charge of its papers.

Constitution ARTICLE V. THE JUDICIAL DEPARTMENT: SECTION 24. ...Attorney General.

The Attorney General shall be the chief prosecuting officer of the State with authority to supervise the prosecution of all criminal cases in courts of record.

State Court ruling, 1929

As the chief law officer of the State [the Attorney General] may, in the absence of some express legislative restriction to the contrary, exercise all such power and authority as public interests may, from time to time, require, and may institute, conduct and maintain all such suits and proceedings as he deems necessary for the enforcement of the laws of the State, the preservation of order, and the protection of public rights.

SECTION 25-1-2460. "Apprehension" defined; persons authorized to apprehend offenders.

For purposes of this code, "apprehension" is the taking of a person into custody. Any person authorized by this code to apprehend persons subject to the code... and any officer under the laws or regulations of the United States or of South Carolina, may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.

SECTION 16-15-60. Adultery....

Any man or woman who shall be guilty of the crime of adultery... shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.

SECTION 16-15-70. "Adultery" defined.

"Adultery" is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman when either is lawfully married to some other person.



All of the above violations of state law, including its Military Code, by the chief military officer are prosecutable under the constitution by the attorney general. Apprehending alleged offenders is, of course, a prerequisite to prosecution. Both duties of the attorney general in this case must be performed.

The higher up in American government you are, the more people you work for. They've hired you not merely because they want you to make, execute, or interpret the law. Anyone can do that. But because they expect you to — first and foremost — follow it to the letter. When you fall short of that, it reflects badly on them. How could they hire someone who would turn around and betray their trust like that? The fault lies, as it must no matter what the form of government, with them.

If the employers want to rectify their error, they have no choice but to step up and order those also in their employ to not only punish their untrustworthy employee as the law requires but to discharge him as promptly as the law permits — especially since they have no opportunity to do so themselves, in that this bad employee won't be asking them to rehire him and is simply waiting for his current employment to end as scheduled.

The longer he remains on the job — a job he's already shown himself incapable of doing fully within the high standards its creators have set for it — the greater and more perpetuating that fault and error of the people who hired him.

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