A novel legal theory
Trump has yet again suggested that his political opponents deserve to be executed. And yet again, he’s basing this argument on a rather novel legal theory and a dubious interpretation of the facts.
A half-dozen congressional Democrats cut a video this week urging members of the military not to obey unlawful orders that Trump might issue. Trump then responded by issuing a series of social media posts suggesting these members had committed sedition and possibly even deserved to die.
Trump went from saying they should be arrested, to re-posting someone who said George Washington would “HANG THEM,” to saying “SEDITIOUS BEHAVIOR, punishable by DEATH!”
But unlawful orders really are a thing and they really do happen.
“defying the chain of command” isn’t just something military servicemembers are allowed to do in such cases; it’s something they’re often required to do.
The section of Article 92 of the Uniform Code of Military Justice dealing with failing to obey orders states that members can only be sanctioned for disobeying lawful orders. And servicemembers are generally obligated to not follow orders that are “manifestly unlawful.”
Remember the code red? Manifestly unlawful.
Those guys obeyed an illegal order, and they were dishonorably discharged. The film included a short sharp conversation between them on why it was or wasn’t unfair.
Trump has repeatedly proposed doing things – with the military and otherwise – that appear to be illegal. People who served with him have said he suggested illegal action. And Trump is certainly testing the bounds of the law with his use of the military even as we speak.
The big example right now is Trump’s strikes on alleged drug vessels in the Caribbean Sea and the Pacific Ocean – strikes that have killed more than 80 people without a legal process.
…
CNN has reported that both the United Nations and top allies like the United Kingdom regard the strikes as illegal extrajudicial killings. Republican Sen. Rand Paul of Kentucky has echoed those claims, while other GOP senators have questioned their legality as well.
It’s hard to come up with a way they can be legal.


The “novel legal theory” is the spoiled child’s credo: “I can do whatever I want and you can’t stop me!”
Which has always been the essence of Trump’s ethical code.
Trump in a nutshell.
If only SCOTUS disagreed with him….
Or am I being utopian? I hate it when that happens.
Why the hell does USA have a base in Cuba anyway?
Many Cubans have wondered.