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by jp_nc 557 days ago
The recent SCOTUS decision in the US will make this endlessly complicated. If the illegal order is deemed an official act, SCOTUS has said POTUS has liability. So does the military carry out an illegal act (which can’t be illegal), or refuse and face charges of insubordination?
2 comments

Part of what makes this so obviously a fucked-up decision is that now some poor E-3 can easily be prosecuted for egregiously-illegal horse-shit while the "buck stops here" fucking President who ordered it is untouchable.

Like, if it's not plainly an awful decision on its face (and god, it so very is) then the fact that just about every plausible application of it looks something like that, as far as who can and cannot be held responsible for their actions, should demonstrate that the decision is, in the highest ideal of what it means to be American, deeply un-American.

If the President directly orders the military to arrest politicians and citizens, that is clearly illegal.

The stumbling block is if the President invokes the Insurrection Act. Which is a bit of a gray area.

https://en.m.wikipedia.org/wiki/Insurrection_Act_of_1807