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Joined 9 months ago
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Cake day: October 25th, 2023

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  • What laws of our land were broken? Which statute? Has Obama been charged with anything and if so what? Because he didn’t have immunity from criminal prosecution, remember, so if this is your example you’re going to need to show that a former president a) had to break the law, b) couldn’t have accomplished the thing with existing powers, and c) faced criminal prosecution for that “official act” when they shouldn’t have, as a result of not having this immunity.

    And this is my point exactly. Obama hasn’t been prosecuted for those drone strikes, nor for the operation that killed Bin Laden; and he won’t be, because those acts did not break United States law. When the President needs to do something most people can’t, they use powers imparted under existing law - the president already has quite a lot of power, you know. In the few cases the President has needed more than that, they’ve had to go justify it and get the other branches on board, at least nominally (looking at you, Bush Jr, and sending the Guard to the middle east to get around needing Congress to send the regular Army ಠ⁠_⁠ಠ). This is the way the system was designed, with checks and balances on each branch.

    Long story short I’m sorry to say I find your example lacking and my challenge remains unmet. I very much appreciate you engaging in good faith though, so thanks!




  • Indeed this is not correct. Practically speaking, the soldier should keep refusing the order and will be relieved of duty and thrown in the brig. They will then have to hope that by the time the court martial date rolls around their name has been cleared and the officer who gave the order has been or will be court martialed in their place.

    Theoretically the officer should go through every underling and find nobody willing to execute illegal orders, but practically they’d only need to go through three or four at most before they had a volunteer.