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Originally posted by yournamehere
What's the statute of limitations for desertion?
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There is no statute of limitations for desertion, but the military loses its jurisdiction when the individual is discharged, as Bush was.
According to
http://www.buzzflash.com/mailbag/2002/10/29.html
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First and foremost, Bush could not be charged with the crime of Desertion (under Article 85 of the UCMJ). For the crime of Desertion, the government must prove that the individual left military control, with the intent to remain away permanently. If a person returns to military control voluntarily, they cannot be charged under Article 85, as they obviously did not intend to remain away.
Second, court-martial jurisdiction ends once a member is discharged. Once discharged, the military cannot recall the person to stand court-martial (with the exception if the member is still in the inactive reserves or retired). Because desertion and AWOL are military (not civilian) crimes, even if Bush was guilty of AWOL (under Article 86), he could not be prosecuted by court-martial today. There is no longer any jurisdiction.
It is true that there is no statute of limitations for Desertion, but that assumes the individual deserts and is captured later. Such individuals are still in the military, as individuals in an AWOL/Desertion status are not discharged. Once discharged (as Bush was), the military has no legal authority.
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Questions still remain, of course. Why did the military let him skip town without punishment? Why are those who criticized Clinton for draft-dodging so willing to defend Bush?
Questions for another thread -- perhaps one that already exists.