Various thoughts on current events with an emphasis on politics, legal issues, books, movies and whatever is on my mind. Emails can be sent to almostsanejoe@aol.com; please put "blog comments" in the subject line.
Six Dems Speak About Unlawful Orders / Trump Wants Them Dead
The video she references features Senator Elissa Slotkin (D-MI), Senator Mark Kelly (D-AZ), and Representatives Chris Deluzio (D-PA), Maggie Goodlander (D-NH), Chrissy Houlahan (D-PA), and Jason Crow (D-CO). More than one of these people is the sort some people deem too darn moderate.
Slotkin is a former Central Intelligence Agency (CIA) officer. Kelly was a captain in the U.S. Navy. Deluzio served in the U.S. Navy. Goodlander is a former intelligence officer. Houlahan served in the Air Force. Crow is a former paratrooper and Army Ranger.
So I will say in my specific instance that I have had a few conversations with people who have indicated discomfort with sort of the current state of affairs. I know my colleagues have had similar kinds of conversations. But what I would say is this is, as I mentioned, kind of not a specific event but rather a culmination of all of these kinds of things that have resulted in us feeling like we really needed to make sure that we told people that people like us sit in places like this with backgrounds like theirs, and we want to make sure that they remember and understand that we’re here for them. And that they need to remember and understand that they need to uphold the Constitution in their jobs.
Rep. Houlahan, who filed a complaint with the Capitol police regarding Trump's threats, discussed the matter with Greg Sargent. Let's read what they said:
We know you are under enormous stress and pressure right now. Americans trust their military. But that trust is at risk. This administration is pitting our uniformed military and intelligence community professionals against American citizens. Like us, you all swore an oath to protect and defend this Constitution. Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home. Our laws are clear. You can refuse illegal orders. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant. But whether you’re serving in the CIA, the Army, our Navy, the Air Force, your vigilance is critical. And know that we have your back. Because now more than ever, the American people need you. We need you to stand up for our laws, our Constitution, and who we are as Americans.
Some people are gaslighting (yet again) and acting like they said this out of the blue without cause. Patently absurd. For those who want some details, see here. The blatant case, leading to at least one major resignation, is the murderous Caribbean strikes.
The matter was also discussed in this comment thread. Suffice to say, they are not guilty of "sedition" or worthy of the death penalty. There is also a high test before you can refuse to follow orders. One rule cited was "or a person of ordinary sense and understanding would have known it to be unlawful."
(Marty Lederman elsewhere argued an official supporting opinion from the Trump OLC would likely be a CYA if anyone following orders was legally prosecuted. Generally speaking, don't hold your breath regarding consequences.)
Trump's rhetoric is dangerous. We have been down this road before, including his repeated acts of contempt of court during his civil and criminal trials for which he got NO consequences (pittance fines don't count). This guy is a menace.
There has been an uptick in threats to judges in recent years. His remarks also threatened witnesses and others, opening them up to harassment and worse. We ("we" particularly being the media and Republicans) take things much too much in stride.
A few Republicans pushed back at Trump's welcoming of the prosecution and execution of fellow members of Congress. Graham, with a military background, denounced both sides.
Rand Paul, the now and then libertarian who usually supports the Republicans, was concerned. Thune didn't support the response but argued the video was uncalled for. Not too impressive from the tyrant loyalist caucus. I'd like a poll of Republican congressional members who are former military.
Anyway. These six members are not Bernie Sanders types. (Well, TBH, I am not familiar with most of them; Slotkin and Kelly surely are not.) They have their moments. Slotkin had a very good response to Trump's speech to Congress earlier this year.
Trump is a tyrant. People in power should treat him and his minions accordingly. Thank you.
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