The crime would be kidnapping, and it could be charged under the laws of any state they pass through on the way to Cuba.
Law enforcement is permitted to transport prisoners within the custody of the justice department, but the military has no state-level authority to do the same. Military members can be charged with state crimes if they do this.
I invite you to imagine a JAG lawyer briefing the superior that such an order will allow a state or local prosecutor to indict them on criminal charges.
I certainly am not the one to parse what state crime would be leveraged but while its maybe true they could get him on something I’d need some more clarification before I outright agree.
Not him. He’s immune, either as a matter of law, or because we are collectively too chickenshit to tell him no.
But I’m talking about the officers carrying out his unlawful orders.
“Just following orders” is not an excuse nor a pardon: military members can be criminally convicted for following an unlawful order. They just need to know what kind of order is illegal for them to follow.
That is not true. They are tried in military courts when they are charged with violating the Uniform Code of Military Justice.
When they are tried for state crimes, they are charged in state court; municipal offenses, municipal court. Federal offenses (other than the UCMJ), federal court.
If they break the laws of your state, they can be charged and convicted in your state.
Trump’s power to pardon extends only to federal prosecution. Not state.
Which state jurisdiction is Cuba under?
The crime would be kidnapping, and it could be charged under the laws of any state they pass through on the way to Cuba.
Law enforcement is permitted to transport prisoners within the custody of the justice department, but the military has no state-level authority to do the same. Military members can be charged with state crimes if they do this.
I invite you to imagine a state or local prosecutor indicting a member of the armed forces for carrying out an order given by a superior.
I invite you to imagine a JAG lawyer briefing the superior that such an order will allow a state or local prosecutor to indict them on criminal charges.
I certainly am not the one to parse what state crime would be leveraged but while its maybe true they could get him on something I’d need some more clarification before I outright agree.
Not him. He’s immune, either as a matter of law, or because we are collectively too chickenshit to tell him no.
But I’m talking about the officers carrying out his unlawful orders.
“Just following orders” is not an excuse nor a pardon: military members can be criminally convicted for following an unlawful order. They just need to know what kind of order is illegal for them to follow.
Even in that case I’m not really sure. The most i know is military are tried by military courts which, I believe, aren’t really state or federal.
That is not true. They are tried in military courts when they are charged with violating the Uniform Code of Military Justice.
When they are tried for state crimes, they are charged in state court; municipal offenses, municipal court. Federal offenses (other than the UCMJ), federal court.
If they break the laws of your state, they can be charged and convicted in your state.