The Trump administration is threatening to reactivate Arizona Senator Mark Kelly and prosecute him in a court martial for the video that he and 5 other members of Congress recorded noting that members of military are obligated not to obey illegal orders.
There are 2 problems with this:
- This appears to be official actions of members of Congress, which means that all 6 would be covered by Congressional immunity.
- They were announcing what the law was, specifically UCMJ section 92, which REQUIRES servicemen to disobey illegal orders.
It should be noted here that there is a presumption that orders are lawful, and the defense against requires that the order be, "Manifestly illegal," which is a pretty high bar.
Still, if a soldier obeys a manifestly illegal order, they have committed a crime, and anyone who tells them that is committing no crime at all.
When this is all over, IF this is all over, the whole lot of them need to be sent to ADX Florence.
0 comments :
Post a Comment