I certainly am not the one to parse what state crime would be leveraged but while maybe true I’d need some more clarification before I outright agree.
Comment on Is anyone planning on doing anything about trump creating a concentration camp at guantanamo bay?
Rivalarrival@lemmy.today 1 day agoTrump’s power to pardon extends only to federal prosecution. Not state.
Clinicallydepressedpoochie@lemmy.world 1 day ago
Rivalarrival@lemmy.today 1 day ago
Not him. The officers carrying out his unlawful orders.
“Just following orders” is not an excuse nor a pardon: military members can be criminally convicted for following an unlawful order. They just need to know what kind of order is illegal for them to follow.
Clinicallydepressedpoochie@lemmy.world 1 day ago
Even in that case I’m not really sure. The most i know is military are tried by military courts which aren’t really state or federal.
Rivalarrival@lemmy.today 1 day ago
That is not true. They are tried in military courts when they are charged with violating the Uniform Code of Military Justice.
When they are tried for state crimes, they are charged in state court; municipal offenses, municipal court. Federal offenses (other than the UCMJ), federal court.
If they break the laws of your state, they can be charged and convicted in your state.
Orbituary@lemmy.world 1 day ago
Which state jurisdiction is Cuba under?
Rivalarrival@lemmy.today 1 day ago
The crime would be kidnapping, and it could be charged under the laws of any state they pass through on the way to Cuba.
stinerman@midwest.social 1 day ago
I invite you to imagine a state or local prosecutor indicting a member of the armed forces for carrying out an order given by a superior.
Rivalarrival@lemmy.today 1 day ago
I invite you to imagine a JAG lawyer briefing the superior that such an order will allow a state or local prosecutor to indict them on criminal charges.