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Trump is calling for the arrest and trial of six Democrat lawmakers who posted a video telling the intelligence community not to follow unlawful orders,. The video claims that the current administration is threatening democracy and the constitution, and that the military "must refuse illegal orders."
Trump also apparently had another post that just said, "SEDITIOUS BEHAVIOR, punishable by DEATH."
This is the first time I have genuinely increased the probability of a real civil war breaking out, this is an absolutely terrifying escalation by both sides. While the Democrats were hinting extremely obviously that the military / intelligence community should basically pull off a coup, I also think that Trump hinting back that they should be executed is way beyond the pale.
Hopefully we're still in nothing ever happens land? I for one do not want to live through a civil war.
Whatever sort of dogwhistle this is supposed to be, I don't hear it. Are you saying that their assertion (that under US law, as a soldier or whatever you are allowed to or even obliged to ignore illegal orders) is false? Because if it isn't, then this is as much of a coup as it would be for a random civilian to fail to bend his schlong straight into the rectum if the Donald were to say "go fuck yourself" to his face. Presumably written and customary law already circumscribes what commands from the president anyone actually has to obey; the video merely asserts that this is not "all of them" for soldiers or the intelligence community either. Any expectations that those who made it may have about the specific kinds of unlawful commands that they expect to be given in the near future are irrelevant, and surely this is for the individual soldier/intelligence community member to determine (under risk of standing court martial or whatever if they determine badly).
No, it's not. But that's not what they're arguing. They're arguing "whatever orders you are getting are illegal because the administration is illicit/Not My President/it's mean if you do these things against our favoured groups/do what we tell you not what they tell you".
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The video heavily implies that illegal orders have already happened. "This administration is pitting our uniformed military and intelligence community professionals against citizens... Right now, the threats to our constitution are not just coming from abroad, but from right here at home."
It heavily implies that soldiers should refuse their current orders. However, those orders are presumed legal until proved otherwise by the judicial system. They at the very least are guilty of providing atrocious legal advice.
That's true, but it's hardly anything near sedition.
Soldiers unsure about the legality of orders should go talk to a JAG. That's what it's for.
If the atrocious legal advice is, "disobey your commanding officers," then yeah that sounds seditious and it is illegal to advise.
Add up the following:
While service members have the right to refuse illegal orders, all orders are presumed lawful, and the burden falls on the service member to prove an order is manifestly unlawful.
The video implies without evidence that unlawful orders have already happened.
The video therefore implies that current orders which have the presumption of being lawful should be disobeyed.
UCMJ 94 says: " (1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;"
So I guess the lingering question is if a coordinated video advising that currently presumed lawful orders should be treated as if they were unlawful counts as a disturbance. But if so, yes, sedition is the word used in the military code.
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“The mods should ban you for conduct that breaks the rules. … What? I’m not calling for you to be banned! I’m just stating the hypothetical that if you were to break the rules, then the mods should ban you. You wouldn’t disagree with that right?”
I think we all understand that this hypothetical would be disingenuous.
I think we all understand that hypotheticals often carry literal meaning. Out of the infinite hypotheticals you could be speaking, you chose this one. You’re singling something out. There’s a specific implication. The hypothetical voice is saying something.
In this case, Democratic senators are saying they want the military to violate Trump’s unlawful orders. They’re singling out Trump. They’re singling out the military. They’re singling out Trump’s orders to the military. We all understand what they’re implying. They want the military to disobey Trump.
Now, I’m sure they believe he is committing unlawful acts, in which case disobedience would be righteous. But it’s a pretty thin figleaf to suppose that, well, they’re just speaking hypothetically, they’re not saying anything really. Then why speak at all? Why that emphasis? Why now? If we pretend the hypothetical voice doesn’t convey literal meaning, we have to pretend they’re saying nothing at all.
That is, as long as someone says the magic word, “hypothetically,” they’re absolved for all responsibility. If Tanks roll up to the White House tomorrow, why, these Democrats didn’t call for that at all, unless Trump were breaking the law, in which case the thing they said had nothing to do with it.
“If Trump were breaking the law then…” If my grandmother had wheels she would be a bicycle!
I’m not sure they believe the orders are illegal. They think they are getting political currency out of #resisting and this is another way to show they are #resisting.
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We very often talk about the future in such terms. I told my son "if you bang your spoon on the table, it gets taken away". It's not hypothetical, it's saying that if a possible thing comes to pass, this is what may come of it.
So yeah, the Dem Senators are indeed highlighting this as a thing that might happen in the future. Perhaps they singled it out because they fear it.
Well I guess Trump isn’t threatening anyone but merely highlighting the death penalty for treason as a thing that might happen in the future.
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What is the 'it' they fear? A military that disobeys unlawful orders without any legal process, which curtails Democrats own ability to issue orders of dubious legality like Obama drone striking a US citizen? Or the orders being executed that actually are lawful but unpopular for Democrats?
If I threaten to take my childs spoon from him after I issue the warning, I am the one exercising the threat. The democrats are saying the orders may be unlawful and the military itself should exercise judgment on the unlawfulness to remove trump. The responsibility is borne solely by others and never by the democrats for affirming an active course of action. It is yet another example of cowardice in action and intent, cloaking desired outcomes behind someone elses actions and preparing oneself to take credit later on.
There is a huge gap between the "refuse to obey illegal orders" talk I saw and this. Could you link (and ideally transcribe) what you're paraphrasing here?
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