As the tantalizing Rep. Anthony Weiner story (hopefully) fades, we read a post questioningSouth Carolina Comptroller General Robert Eckstrom’s temporary appointment as the head of South Carolina’s state National Guard. Brigadier General Eckstrom has admitted to having an affair while he was separated from his wife. The affair is causing some concern among those who say such actions, which could be prosecuted under the federal Uniform Code of Military Justice (if the acts occurred while he was on Title 10 federal orders–something not mentioned in the article), make him unfit to command the state Guard.
Even if we assume (SC Guard members please feel free to fill in the details) that there is an active state version of the UCMJ that contains an adultery offense similar to that in Manual for Courts-Martial Article 134, my money is on Eckstrom not getting prosecuted for committing adultery.