If inciting an insurrection towards their own government is an action without legal repercussions, I don’t see how the law would be less lenient about straight up firing a gun at an opponent.

I by no means want any party to resolve to violent tactics. So even though I play with the thought, I really don’t want anything like it to happen. I am just curious if it’s actually the case that a sitting president has now effectively a licence to kill.

What am I missing?

  • tinyVoltron@lemmy.world
    72·
    5 months ago

    The supreme Court is specifically saying the order is legal. He could say it’s part of his official duties, in which case the order itself would be legal. His official duties include commanding the armed forces. If the president gives an order, a marine or a Navy SEAL cannot choose to not follow that order on legal grounds. They can choose to not follow on moral grounds but that refusal in itself would be illegal. Should it come to that, I would hope the vast majority of the armed forces would refuse the order.
    In her dissent, justice Sotomayor specifically said that the president could order an assassination and could not be prosecuted for it. I am assuming she knows more than you are I about how the legal system works.

    • atrielienz@lemmy.worldEnglish
      33·
      5 months ago

      That conflicts not just with other established law, but also with what I actually said and what the ruling says. The problem with it is that the order can’t be considered lawful regardless of what the Supreme court ruled because it doesn’t fit all the criteria of a lawful order.

      “What is considered a lawful order in the military? It must not conflict with the statutory or constitutional rights of the person receiving the order. Finally, it must be a specific mandate to do or not to do a specific act. In sum, an order is presumed lawful if it has a valid military purpose and is a clear, precise, narrowly drawn mandate.”

      https://ucmjdefense.com/resources/military-offenses/the-lawfulness-of-orders.html

      One other thing is that you’re quoting dissenting members of the SCOTUS, not the ruling itself. That’s a single interpretation of it, and one deliberately intended to alarm people so that they push back against it.