Unlawful Orders: Military Justice, Legal Battles, and Political Fallout

Military Duty and Unlawful Orders

• 🛡️ Service members swear an oath to obey lawful orders, which by definition includes the obligation to disobey unlawful orders.
• ⚖️ The Nuremberg defense does not apply in the United States; individuals are responsible for their actions, even if following orders.
• ❓ While dramatic scenarios come to mind, most discussions of unlawful orders in the military revolve around mundane issues like falsifying records or improper purchasing procedures.

Senator Kelly and the UCMJ

• 🎖️ Retired military personnel, like Senator Kelly, remain subject to certain portions of the Uniform Code of Military Justice (UCMJ), though it's rare for them to be prosecuted under it.
• 🏛️ Recalling a retired service member to active duty to face a court-martial is unprecedented but not impossible, with recent discussions arising after January 6th.
• 🗣️ The current situation with Senator Kelly is complicated by his status as a sitting senator, raising questions about where and how he would be recalled.

Legal Challenges to Appointments and Prosecutions

• 🧑‍⚖️ A judge dismissed cases against Jim Comey and Letitia James, ruling that Interim US Attorney Lindsey Halligan was unlawfully appointed, violating statutory and constitutional provisions.
• 📜 The judge cited cases involving Clarence Thomas and the US v. Trump classified documents case, emphasizing that actions flowing from defective appointments must be set aside.
• 🚫 The court rejected attempts to retroactively appoint Halligan as a special attorney, stating that such an action would allow any private citizen to secure an indictment.
• ⏳ Dismissals were made without prejudice, meaning the government can attempt to refile charges, but must find a prosecutor willing to do so and overcome other potential legal hurdles.

Trump's Lawsuit and Sanctions

• 📉 The 11th Circuit Court of Appeals upheld the dismissal of Donald Trump's 2022 lawsuit against Hillary Clinton and others, deeming many of the legal arguments frivolous.
• 💰 The court also upheld a nearly $1 million sanction fine against Trump and his attorney for filing the lawsuit in bad faith.
• ⚖️ The appellate court's affirmation of the lower court's findings, including those from a non-Republican appointee, makes a Supreme Court appeal more difficult.

Kash Patel's Position and FBI Investigations

• 📰 Reports suggest President Trump is considering removing FBI Director Kash Patel due to frustration over unflattering headlines and premature social media posts.
• ✈️ Patel has faced criticism for questionable use of taxpayer resources, including alleged use of a government jet for personal reasons.
• ❓ The FBI has opened an investigation into six members of Congress for reminding service members of their right to refuse illegal orders, a move seen by some as a First Amendment issue.

Contempt Proceedings and Listener Questions

• 📜 Judge Boasberg reopened contempt proceedings related to the transfer of class members out of US custody, ordering declarations from all involved decision-makers.
• ⚖️ The court will determine if Secretary Kristi Noem or others should be referred for potential contempt prosecution.
• 🚫 Civil liability for government actions is generally limited, with Bivens lawsuits being the primary avenue for individuals to sue government officers for violating constitutional rights, though these are difficult to win.