Reasonable
Who’s to say what’s reasonable.
when challenging the election, that is not an official act
Why not? He could make the argument that the election was stolen and ignoring it is in the best interest of the United states.
Reasonable
Who’s to say what’s reasonable.
when challenging the election, that is not an official act
Why not? He could make the argument that the election was stolen and ignoring it is in the best interest of the United states.
FuglyDuck@lemmy.world 4 months ago
because that act is not POTUS’s job. He’s making the argument as a candidate. he’s not supposed to be part of that process because he’s biased.
as for whose to say what’s reasonable… that is the problem. right now a dangerous number of SCOTUS are bought and paid for, or are absolutely partisan hacks.
tinyVoltron@lemmy.world 4 months ago
His job is to support and defend the Constitution of the United states. You certainly can argue that protecting the integrity of the voting system is part of that job.
atrielienz@lemmy.world 3 months ago
But that doesn’t sanction military members to break the law or the UCMJ. And that’s the point. They do not have immunity, qualified or otherwise. The order would be unlawful simply because of the issuing parties bias and personal gain from the act.
I’m not saying there are not people in the military who would follow this type of order. I’m saying that they don’t have the protections or immunity, qualified or otherwise, and honestly, a presidential pardon doesn’t do anything for them if the state decides to prosecute them. Plus military members are basically the only people in the US subject to legal double jeopardy because they can be tried by the military separately from state and federal law.
tinyVoltron@lemmy.world 3 months ago
The supreme Court is specifically saying the order is legal. He could say it’s part of his official duties, in which case the order itself would be legal. His official duties include commanding the armed forces. If the president gives an order, a marine or a Navy SEAL cannot choose to not follow that order on legal grounds. They can choose to not follow on moral grounds but that refusal in itself would be illegal. Should it come to that, I would hope the vast majority of the armed forces would refuse the order.
In her dissent, justice Sotomayor specifically said that the president could order an assassination and could not be prosecuted for it. I am assuming she knows more than you are I about how the legal system works.