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.
atrielienz@lemmy.world 5 months ago
That conflicts not just with other established law, but also with what I actually said and what the ruling says. The problem with it is that the order can’t be considered lawful regardless of what the Supreme court ruled because it doesn’t fit all the criteria of a lawful order.
“What is considered a lawful order in the military? It must not conflict with the statutory or constitutional rights of the person receiving the order. Finally, it must be a specific mandate to do or not to do a specific act. In sum, an order is presumed lawful if it has a valid military purpose and is a clear, precise, narrowly drawn mandate.”
ucmjdefense.com/…/the-lawfulness-of-orders.html
pyre@lemmy.world 5 months ago
yeah Sotomayor probably doesn’t know what she’s talking about, right
atrielienz@lemmy.world 5 months ago
That not what I said. What I said is their comments aren’t legal precedent. That’s not the same thing.