this post was submitted on 30 Jan 2025
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No Stupid Questions

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[–] [email protected] 51 points 1 day ago (1 children)

They will just remind them that trump is immune and he will pardon loyalists.

[–] [email protected] 52 points 1 day ago* (last edited 1 day ago) (1 children)

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.

[–] [email protected] 26 points 1 day ago* (last edited 1 day ago) (1 children)

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.

[–] [email protected] 21 points 1 day ago (2 children)

Trump's power to pardon extends only to federal prosecution. Not state.

[–] [email protected] 17 points 1 day ago (1 children)

Which state jurisdiction is Cuba under?

[–] [email protected] 12 points 1 day ago* (last edited 1 day ago) (1 children)

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.

[–] [email protected] 6 points 1 day ago (1 children)

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.

[–] [email protected] 6 points 1 day ago (1 children)

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.

[–] [email protected] 2 points 1 day ago* (last edited 1 day ago) (1 children)

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.

[–] [email protected] 12 points 1 day ago* (last edited 1 day ago) (1 children)

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.

[–] [email protected] 3 points 1 day ago* (last edited 1 day ago) (1 children)

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.

[–] [email protected] 5 points 1 day 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.