• @Rivalarrival@lemmy.today
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    27 days ago

    Every member of the military needs to be reminded that they are obligated to disobey illegal orders. They can be criminally charged for obeying an unlawful order.

    Every member of the military needs to be reminded that the Posse Comitatus act prohibits the military from engaging in domestic law enforcement activities.

    And every member of the military needs to be reminded that immigration is a law enforcement issue, not a military issue.

      • @Rivalarrival@lemmy.today
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        27 days ago

        One final reminder to every military officer: The statute of limitations on these crimes extends well beyond Trump’s term. They can be prosecuted under the next president.

        • @ClinicallydepressedpoochieOP
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          27 days ago

          Not if trump blanket pardons. Say they move to impeach trump, he leverages the pardon to have those who would otherwise be court-martialled murder the legislator.

            • Orbituary
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              1827 days ago

              Which state jurisdiction is Cuba under?

              • @Rivalarrival@lemmy.today
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                27 days 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.

                Law enforcement is permitted to transport prisoners within the custody of the justice department, but the military has no state-level authority to do the same. Military members can be charged with state crimes if they do this.

                • stinerman
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                  927 days 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
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                    727 days 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.

            • @ClinicallydepressedpoochieOP
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              27 days ago

              I certainly am not the one to parse what state crime would be leveraged but while its maybe true they could get him on something I’d need some more clarification before I outright agree.

              • @Rivalarrival@lemmy.today
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                27 days ago

                Not him. He’s immune, either as a matter of law, or because we are collectively too chickenshit to tell him no.

                But I’m talking about 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.

                • @ClinicallydepressedpoochieOP
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                  27 days ago

                  Even in that case I’m not really sure. The most i know is military are tried by military courts which, I believe, aren’t really state or federal.

                  • @Rivalarrival@lemmy.today
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                    627 days 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.