Use of the military is delegated to him under article 2, his use of that power cannot be questioned.
The military is strictly limited on what kind of operations it is allowed to perform. The commander and operators of Seal Team 6 would be prosecuted if they obeyed an unlawful order, even if it came from their Commander in Chief. The president does not have the power to order Seal Team 6 to violate the Posse Comitatus act. The President does not have the power to violate his political rival’s right to due process. A prosecutor can argue that such an egregious order falls well outside the scope of the office, and constitutes an “unofficial act”. The courts are free to rule accordingly.
The dissents are reading far more into the majority opinion than is actually there. I suggest you read the majority opinion a little more closely.
A prosecutor can argue that such an egregious order falls well outside the scope of the office, and constitutes an “unofficial act”.
Incorrect, according to this ruling, his use of the military has absolute immunity. It doesn’t matter what he’s doing with it, they can’t even question if it’s an official act or not. That only factors in when using powers not delegated in the constitution. You do point out some more absurdities in the majority’s ruling though, theoretically a court could hold troops accountable for unlawful orders but could not hold the executive accountable for giving them. Moot point though, who’s bringing the charges against the troops in this situation? President has absolute criminal immunity for hiring and firing, just fire any prosecutors whether that’s justice department or military justice if they try to do so.
The president does not have the power to order Seal Team 6 to violate the Posse Comitatus act.
Null and void, they specifically state that not only the court doesn’t have the power to question, neither does congress. The supreme court just made posse comitatus toilet paper.
The only way out for this mess is replacing the justices or a constitutional ammendment that’s says, yes we still have the rule of law for everyone, including the president.
And yes I read the whole thing. And if the majority can’t see what they have enabled they’re stupid. But I don’t think it’s stupidity, they’re smart people. That only leaves malice. Or some very different political ideals than I hold about the rule of law at least.
You’re right! Even easier. Article 2 power use again, cannot be questioned. Pre emptive pardons for everyone involved. We were all worried about the possibility of Trump self pardoning, but this court has made that possibility seem quaint in comparison to what they’ve bestowed.
The military is strictly limited on what kind of operations it is allowed to perform. The commander and operators of Seal Team 6 would be prosecuted if they obeyed an unlawful order, even if it came from their Commander in Chief. The president does not have the power to order Seal Team 6 to violate the Posse Comitatus act. The President does not have the power to violate his political rival’s right to due process. A prosecutor can argue that such an egregious order falls well outside the scope of the office, and constitutes an “unofficial act”. The courts are free to rule accordingly.
The dissents are reading far more into the majority opinion than is actually there. I suggest you read the majority opinion a little more closely.
Incorrect, according to this ruling, his use of the military has absolute immunity. It doesn’t matter what he’s doing with it, they can’t even question if it’s an official act or not. That only factors in when using powers not delegated in the constitution. You do point out some more absurdities in the majority’s ruling though, theoretically a court could hold troops accountable for unlawful orders but could not hold the executive accountable for giving them. Moot point though, who’s bringing the charges against the troops in this situation? President has absolute criminal immunity for hiring and firing, just fire any prosecutors whether that’s justice department or military justice if they try to do so.
Null and void, they specifically state that not only the court doesn’t have the power to question, neither does congress. The supreme court just made posse comitatus toilet paper.
The only way out for this mess is replacing the justices or a constitutional ammendment that’s says, yes we still have the rule of law for everyone, including the president.
And yes I read the whole thing. And if the majority can’t see what they have enabled they’re stupid. But I don’t think it’s stupidity, they’re smart people. That only leaves malice. Or some very different political ideals than I hold about the rule of law at least.
He could just preemptively/promise a pardon to all of seal team 6 / anyone in the military carrying out his orders.
You’re right! Even easier. Article 2 power use again, cannot be questioned. Pre emptive pardons for everyone involved. We were all worried about the possibility of Trump self pardoning, but this court has made that possibility seem quaint in comparison to what they’ve bestowed.