Former officials warn that Trump's claim of presidential immunity will put troops in legal jeopardy if they follow illegal orders

politics

by caitlin doornbos

WASHINGTON – If the Supreme Court grants former President Donald Trump's motion to dismiss a D.C. lawsuit based on executive privilege, the military will face a thorny decision between ignoring the commander-in-chief's orders and violating U.S. law. There is a possibility that Former military officials said in court briefs filed Monday.

Trump's lawyers have argued that presidential immunity protects the US president from criminal prosecution for actions taken while in office, but a group of former military chiefs and retired four-star officers have argued in court documents that presidential immunity protects the US president from criminal prosecution for actions taken while in office. He argued that the military would be placed in an “impossible position”. You must choose between obeying the commander-in-chief or obeying the laws enacted by Congress. ”

The reason is that while the president is considered immune to prosecution, those who carry out illegal acts based on his orders face criminal charges, effectively shifting the legal consequences to the military, the group said. said. F. Kennedy to Donald J. Trump. ”

“Appellant's theory that the president has absolute immunity from criminal prosecution, if accepted, could seriously undermine the legal and moral authority of the commander-in-chief to lead the military, because it This is because it shows that you are the commander of the army.” The rule of law must be followed,” the former military officials wrote.

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The military code states that troops must refuse illegal orders, but the group said siding with Mr. Trump would unfairly reprimand the leader of the free world or send service members to prison. He argued that this could put them in an uncomfortable position.

“According to this theory, the president could, with impunity, direct national security officials to carry out clearly illegal orders to members of the military and place those in the chain of command in an untenable position. , could irreparably undermine the foundations of trust that “impact civil-military relations,'' the group wrote.

“Our system requires confidence in the commander-in-chief as the source of legal and moral authority to lead the military.
The men and women of our armed forces risk their lives to serve our country at his command.”

But Trump, 77, argued that “without executive privilege, the president cannot properly function or make decisions in the best interests of the United States.”

In a Feb. 28 post on Truth Social, he argued that “presidents are constantly concerned and even paralyzed by the possibility of unfair prosecution and retaliation after leaving office.”

The amicus brief will be filed days before the Supreme Court hears oral arguments in the case, scheduled for the week of April 22.