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Doesn’t he have immunity now?
He does, but anyone following illegal orders doesn’t. Sure, he could pardon them, but only after a long, expensive, and potentially life-changing legal battle after which they’re convicted.
That doesn’t sound like a fight most regular troops should want to gamble on.
Pardons can be pre-emptive, as long as the illegal act has already occured. (Pardons cannot apply to a future crime that haven't happened yet.)
Just look at Ford Pardon Nixon.
That’s true, but trump is transactional. He and Giuliani were selling them for 2 million a pop. How many military regulars can afford one? Why should trump care to pardon them if they can’t give him something?
If I was rank-and-file, I wouldn’t take that bet.
They may not be able to prosecute him, but they can make him stop what he's doing. Theoretically.
Court: "Deploying National Guard in LA is illegal"
orange dickhead: "KILL THESE 'LOOTERS' IN NYC!
See, this is the problem. Doesn't even matter unless this category of actions are enjoined.
And when he inevitably doesn’t listen they’ll make a really strong pouty face.
It does seem the power of the judiciary will be challenged quite soon.
It will probably be with a tweet saying "Make me. You and what army?" and the courts will need to rely on the US military choosing the Constitution over the Commander in Chief.
May we all have the fortune to live securely in less interesting times. I suppose it is our duty to make that happen.
I think that happened some time ago.
Might be true, but since the orders are illegal, the NG are following illegal orders if they continue, meaning potential court martial (depending on many factors).