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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).
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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