The current MAGA belief is that Biden is using the DOJ to go after his political rivals. Lawfair I think is the term.
The Roberts Court has explicitly said that there is no criminal liability possible for President Biden, his ordering his AG to go after Trump is not reviewable by the Courts or the Congress.
No, a federal prosecutor is not supposed to guess at motive. A flag officer or a little captain like me can and should interpret motive. Any order you receive is framed by operational intent of the commander. Commander’s intent is one of the first parts of any operations order.
All Soldiers are trained in the UCMJ. A flag officer will and must have greater visibility to the intent of the National Command Authority (NCA), which can be read ultimately as the President down through the Secretary of Defense and so on.
There will be a point that an order from the NCA hits the desk of a flag officer who is not supposed to be a politician. If that order seems illegal to such an officer, they are bound by their oath not to follow it. If the flag officers don’t balk, it may land on the conscience of a Colonel of even a lowly captain like me.
What can happen to the officer who refuses to obey is obvious. It could range from you being hailed as a hero to landing in Leavenworth. Will many officers take that chance? I would like to think so.
Hell, in this climate, many senior officers are very, very risk averse. They are often terrified to sign-off on risky ops that are totally legal. Few if any would execute a clearly illegal order for fear of the ramifications to them personally.
But were are not mindless automatons who follow any order given to us. That is a very common misconception regarding military officers and enlisted personnel. It is a very frequent misconception held by leftists in my experience, as many leftists look down on anyone wearing a uniform.
I hope that your right, oneof the great traditions of our military is that it is subservent to the civilian branch as represented by the Comander in Chief. That level of trust and tradition is hard to keep.
As we approach the anniversary of the birth of OUR NATION I truly hope that you take the time to truly reflect on those who either sacrificed or were willing to sacrifice everything for our birthright as AMERICANS.
Our constitution lays out the groundwork for a government of the people, by the people and for the people. 3 branches of government equal in power so that none could impose it’s will on the people. And 1 court of lifetime appointees to interpret the CONSTITUTION through law written within it.
I am a simple man and this seems a simple plan constructed by some damned smart fellows who tower above any in present times. You and me included.
Sure, due to conservatives finding the acts that Nixon did to be a high crime, and still while all of his minions (Haldeman etc etc) went to jail, this court ruled today that what Nixon did is not a crime for him and him alone.
Where are the conservatives today with such ethical judgement?