Comment by terminalshort
12 hours ago
Ok, but that was not ordered by the president so is completely irrelevant to the discussion of presidential immunity.
12 hours ago
Ok, but that was not ordered by the president so is completely irrelevant to the discussion of presidential immunity.
President immunity as laid out by SCOTUS clearly covers pardons.
Including "I'll pardon you and everyone down the chain if you do a war crime" promises.
No it doesn't because the president always had absolute power to pardon.
Seems relevant to your lecture on military law.
It seems extremely relevant. Your argument suggests the president need only appoint a subordinate who will themselves give the desired illegal order without the president's public command. In the unlikely event the subordinate is called to account, the president can simply pardon them.
This is certainly not a hypothetical "parade of horribles", since Trump has already pardoned military officers convicted of war crimes.[1]
1. https://apnews.com/article/257e4b17a3c7476ea3007c0861fa97e8
Yes, but that could happen with or without the SC ruling. The president has always had absolute power of pardon.
War crimes sounds scary as a whole mess of badness, but which one is kind of material. Eg Obama's drone strikes and CIA torture likely count as war crimes, though no court has actually tried him for them, so it's hard to get worked up about Navy Seals (whos job it is to go into war zones and do war-type things) having generically having committed war crimes. Did they rape women and babies, or did they shoot the wrong person in the dark of night who it turns out wasn't actually a threat.
https://en.wikipedia.org/wiki/Eddie_Gallagher_(Navy_SEAL)
> Gallagher was the subject of a number of reports from fellow SEAL team members, stating that his actions were not in keeping with the rules of war, but these reports were dismissed by the SEAL command structure.
> Other snipers said they witnessed Gallagher taking at least two militarily pointless shots, shooting and killing an unarmed elderly man in a white robe as well as a young girl walking with other girls.
Murdered a prisoner, and was shitty enough his fellow SEALs were uncomfortable enough to complain. Pardoned eventually, by Trump.