What is dereliction of duty?
FORMER president Donald Trump has been accused of dereliction of duty as a result of the January 6 Capitol Riots. Now, many Americans want to know what that means and if it’s a criminal offense. What is dereliction of duty? Dereliction of duty is a specific offense that applies to all branches of the United […]
FORMER president Donald Trump has been accused of dereliction of duty as a result of the January 6 Capitol Riots.
Now, many Americans want to know what that means and if it’s a criminal offense.
What is dereliction of duty?
Dereliction of duty is a specific offense that applies to all branches of the United States military.
Under the United States Code Title 10, Section 892, Article 92, dereliction of duty means that a service member “violates or fails to obey any lawful general order or regulation.”
The term made headlines in July 2022 after the House committee investigating the January 6 Capitol Riots accused Trump of the offense after he allegedly failed to call off his supporters at the Capitol building.
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A never-before-seen clip from January 7, 2021, was revealed during the investigation and showed a behind-the-scenes look at the former president struggling to prepare his statement to Americans.
Trump’s writers wanted him to tell Americans, “This election is now over, Congress has certified the results,” but the former president said quickly that he did not want to admit to the election being over.
“I don’t want to say the election is over,” Trump said in the clip, via CNN.
“I just want to say Congress has certified the results.”
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Many have called the January 6 Capitol Riots a threat to democracy, and have accused Trump of not maintaining the peace because of his desire to remain in power.
“The captain of a ship cannot sit there and watch the ship burned to the waterline and not do anything to stop it,” Representative Elaine Luria told The New York Times in an interview previewing the hearing.
“And that’s exactly what he did.”
She continued: “We have accounts from people who observed him. There was no concern, anger, distress. He wasn’t upset by it.”
On the same day of the hearing, former First Lady Melania Trump appeared on Fox News and accused former White House press secretary, Stephanie Grisham of dereliction of duty as well.
“I stood behind Ms Grisham after her failed stint as White House Press Secretary and welcomed her back to the East Wing,” she recalled.
“Ms Grisham was not in the White House on January 6, and her behavior in her role as Chief of Staff ultimately amounts to dereliction of duty.”
The former model added: “Traditionally, the First Lady’s Chief of Staff provides detailed briefings surrounding our Nation’s important issues.
“Shamefully, this behavior has only partially become public knowledge – yet, was consistent for Ms Grisham.
“It is evident that Grisham’s recent betrayals are a last-ditch attempt to resuscitate her ruined career and reputation.”
Is dereliction of duty a crime?
In some states, such as Ohio, Texas, and Virginia, dereliction of duty is a crime.
However, it is unclear if it is something Trump can be charged with.
Tim Bakken, a law professor for the United States Military Academy West Point, said in an opinion piece published in The Conversation, that Trump’s civilian status would not resort to military charges.
“The House committee may conclude that President Trump failed to act by not stopping the rioters, which might be considered a violation of his responsibility under the Constitution,” Bakken wrote.
“But in my view, this would not be a criminal dereliction of duty.”
Bakken went on to explain that Trump is a civilian and not a member of the military, despite the president being the commander in chief of the military.
He also notes that there is no dereliction of duty statute in federal criminal law.
“Any state dereliction of duty laws, regardless of their elements, cannot apply to President Trump because on Jan. 6 he was in Washington, D.C. – not in any state, and D.C. doesn’t have one of its own,” Bakken added.
He went on to explain that the committee could find him derelict if they determine he wanted the rioters to commit a crime but added that it would “be a label of moral or social disapproval, not a description of a criminal offense.”
What happened at the January 6 Capitol Riots?
On January 6, 2021, a group of Trump supporters stormed the United States Capitol in protest of Joe Biden’s electoral win.
The riots started shortly after Trump spoke at a rally, where he told supporters, “We will never give up. We will never concede.”
He added: “We’re going to the Capitol. We’re going to try and give them [Republicans] the kind of pride and boldness that they need to take back our country.”
Around 2pm local time, the rioters were able to break into the Capitol building and were seen smashing windows while Secret Service members began evacuating politicians from the Senate and House floors.
Trump then took to Twitter to write: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution.”
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While the former president urged them to “stay peaceful,” many allege that he did not do everything in his power to stop his supporters.
As a result, five people lost their lives.