Correct. The charges brought forward are the appropriate ones. The USA has not executed someone for desertion/cowardice in the face of the enemy since the 2nd World War.Originally Posted by lars573
However, the UCMJ does not require that war be declared to level such a punishment (though in practice that has been the standard).
Note: according to a number of constitutional scholars, Congress' "blank check" authorization effectively did declare war, or more accurately allowed the President to declare and wage war as needed to combat extra-national terrorism with the permission of Congress.
I have no doubt that many in Congress regret that vote, and that most Constitutionalists in the USA would view it as Congress' "woosying out" on doning their appointed job. I do not like Carte Blanche powers -- especially without a sunset clause, in the hands of the executive.
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