Gen. David Petraeus could be court-martialled for his affair with Paula Broadwell under Article 134 of the Uniform Code of Military Justice.
So too could Gen. John Allen, commander of US and NATO forces in Afghanistan, if he had an affair with Jill Kelley, with whom he reportedly exchanged a staggering 20,000-30,000 pages of flirtatious emails.
In fact, any military member can be court-martialled for adultery, because it's conduct that is "of a nature to bring discredit upon the armed forces." However, experts say it's rarely prosecuted unless it involves complications like a security breach.
Of course, such a breach could very well be involved in Petraeus's affair with Broadwell, since her security clearance has been revoked, and FBI agents are investigating allegedly classified material at her home. But the fact that Petraeus is retired from the army makes it less likely.
Instead of prosecuting, the military could reduce the general's rank, or downgrade his security clearance. Experts cite the 2004 case of Air Force Maj. Gen. Thomas Fiscus, who was demoted after being convicted of "improper relationships" with more than a dozen women.
Because betraying the vows you took to someone you supposedly love, is enlightened behavior? Ok. You know there is something you can do if you aren't happy right? It's called divorce. Military standards aren't about the Bible, they are about honor. There is nothing honorable about what he did. If you don't like military standards, don't join. Simple really.
@Fishbone345 So having extramarital affairs means you dishonor the military? What a joke. I can understand you dishonor your wife and kids b/c this is a personal and family issue. But the only thing the military has to worry about Is competence. everything else is private matter. That's what happened when we elect these religious nuts and/or put them in power. They enacted dumb and stupid ideas as code of honor and military standards which are outdated and unparalleled to the environment it's assigned to.
@MBernard With every picture of him in uniform, and parading with this woman? You're damn right he dishonor's the military! He knew the laws and he chose to break them. He spat on years of tradition, integrity and honor. Screw him! I hope they stick it to the bastard, but most likely they won't.
Is adultery a federal or (any reasonable) state crime? Nope. Most states won't even allow adultery brought up in a divorce proceeding (I said most, so please don't tell me about the "crazy" laws in your state). Now, if there was a security breach....fry 'em both!
they have said that he gave her access to his gmail account. if there is a security breach, then it's gmail which gives access to every e-mail in every account account to every advertising company in the world. why on earth would he send or receive any sensitive information through gmail, anyway?
@dances-weebles Maybe it was not HIM (I said maybe). Got to remember there was a him/her and a him/her thing going on here! Him's talks to her's, her and her then fight like two high schoolers, calling names and talking about female dogs. Secrets come out and voila....security breach via a 2nd party.(now, I did say maybe....right?)
@CanisCanemEdit Good points. These things are very simple. You can't always have your cake and eat it too. Either you stay married and deal with it or conclude you are both better off divorced. This cheating stuff is ridiculous.
@nola2houston -Thanks for the clarification and the strengthening of the point I was trying to make. When I hear the word "illegal" I think about the laws of the land... I have never thought about military code as "law"... In other words, the military can punish him for adultery, but the People of the United States cannot... you must be a serviceperson.
Adultery could make one a target of blackmail to obtain military secrets, or troop movements, etc. in war time. The ban on homosexuals in the military was for the same reason. It is never "just sex" as so many put it. During war, giving in to blackmail could endanger thousands of lives. There are some who believe that Petraeus was threatened with the revealation of the affair to get testimony favorable to the president during his first appearance at the Congressional hearings
@MRMacrum I think it depends on whatever else the Obama regime may have threatened him with. I see in this morning's news that Holly Petraeus has been given a $187,000 per year job with the new commission that overseas Obamacare. Since she is of retirement age, or darn close, I'd call it a bribe. Seems to me if there is anything left of their marriage they would want to retire and disappear from public life. The first time Petraeus testified he stated the then official line, it was that stupid movie trailer that had been viewed by a whooping 17 people before Benghazi happened. Now we know it most assuredly was not the video. So what was it really, and what's more, what did Obama know and when did he know it? Just what "orders" did he really give that led to the CIA operatives in Libya being told to "stand down" and why? There is a massive cover up going on here and this is not about sex and a movie.
I find it ironic that the same entity that can prosecute adulterers is the same one that is an instrument of war/death. Furthermore, who are they or anyone else to mandate the rules of marriage. The government doesn't. It is not morally or legally impetus on two married or engaged people to be in love with each other. How could love be proven? If you cant prove love, how can your prosecute cheating? Marriage existed long before religion. It was created for asset management. In the eyes of the law, it is still that way today.
@nola2houston Soldiers are not property. They are employees of the federal government, and only can face prosecution BY the military JAG WHEN they are on active duty. And this only applies to reserve and active duty military, as Guard is state governed. I did get a chuckle from your " higher standard" assertion though....
another BS story.If this affair took place when he was a general then everyone from Obama all way down knew about it before they made him CIA chief. if it took place after he retired from the military they cant court martial him. this is how a corrupted administration threatens Witnesses.
the lap dog of the left, the corrupt government media is taking orders directly from the White House now on what they will say and what they will write. Ben Ghazi is not about the president the Secretary of State or the Secretary of Defense, sacrificing a handful of Americans to protect the president.... now it's about a general being led by his privates.
any person with a slightest amount of integrity admits the stories that have been released for publication in the last week by the government media have mostly been stories they have been sitting on since weeks before the election took place. stories about major layoffs. stories about did ministration taking another 350,000,000,000 dollars out of Medicare and pushing into Obamacare. and of course the silence of Ben Ghazi .
the people who are fundamentally transforming this country are doing what they always do in a revolution.. coop in business , the media and finally the military. this case is a warning shot fired over the bow of everyone else. shame on the people who voted this crowd of revolutionaries into office.
I think of the Morons in the streets as part of Occupy... who thought they were merely throwing a collective temper tantrum in order to get someone else to pay there student loans. they have no idea who these people are, and that's why those who they supported consider them useful idiots.
The Military culture is different then the civilian culture. Applying the civilian mindset to matters military is wrong. The military code is set up specifically to ensure smooth chain of command and consistent behavior from the troops. This code was not created capriously or without good reason. Yes, their rules often do not make sense, even to the grunts. But they are expected to adhere to them. Adultery is one of those human activities that can get out of hand and cause serious disruption in the chain of command. the rule is there because it should be.
That's a lot of emails! For every star he loses, he also loses 30,000 dollars from his pension. He makes 260,000 a year and would get 220,000 a yr. retirement, so he'll probably walk away with 30-60 thousand less. I'm sure he'll be able to live off that.
Adultery should be allowed for them only with permission from their spouse. That would prevent the situation from compromising security, because if your spouse already knows about it then there's no risk of being blackmailed over it.
No...I highly doubt he will be prosecuted he has sacrificed so much for this contry and must not be forgotten bc he had sex with someone that's not his wife who cares anyway and if republicans push prosecution it will be a sad shame full day in America after all republicans would need to take a deep hard look at then selfs bc their the party of "family values" but yet theyuse hookers and strippers more than democrats also get divorced more than democrates and I'm going to add they get caught touching little boys more than democrates
Adultery falls under the General Article of the UCMJ. Hasn't changed for years. Prosecution may be a bit much, but for those in sensitive positions, that clearance should be revoked. People are placed in a position of trust, yes cheating on your wife does call into question that trust and makes people think if you are still trustworthy to hold a sensitive position. Gen. Patraeus made the right decision to resign because of his affair. He's not a bad guy, heck he has probably done more in one day than many Americans have done during their lifetime.
It's not Only the moral issue with military personal that is why adultery is an issue, it that they many have access to security documentation and weapons systems... Adultery can lead to blackmail and compromise the soldier. When you get into a position of authority over those that have to follow orders the moral issue does play a part because if a XO is found out it can effect the moral of those he leads into danger. And the higher the rank the greater access in general to secret information that can compromise nation security....
As a member of the reserves....why is there no talk of prosecuting Paula Broadwell for the same violation of military conduct......adultery?? Who'd to say she is not an agent for a foreign country put in place to shape or influence the actions of the General at a later date?? Is Eric Cantor her handler??