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Jeffrey Vagle@jvagle.me |
By eliminating criminal liability for official acts, the Roberts Court has created a dangerous moral hazard: A president can issue unlawful/criminal orders to the military, and all of the subsequent risk is borne by the individual soldiers. This encourages recklessness in a president.
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Jeffrey Vagle
@jvagle.me
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Does the possibility of presidential pardons eliminate this process? That depends on the nature and timing of the pardons, I suppose. But what happens to the soldier who refuses to follow a manifestly unlawful (i.e., a war crime) order from a future president?
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