Several nationally-known military justice experts are quoted in this CNN story about unlawful-orders issues posed by one of President Donald J. Trump's recent Executive Orders. Excerpts:
“We know [Defense Secretary Pete] Hegseth has said things in the past that are critical of war crime prosecutions – if they make that official policy will that dissuade prosecution of war criminals?” [Col. (ret) Don] Christensen added. “Will it dissuade commanders from standing up to unlawful orders? … This is something that could put fear into the decision making of service members.”
Trump “could have easily made it clear” that this didn’t apply to the decision making of military judges or lawyers, Christensen said – but no such carve-out was made. And without further clarity from the Pentagon or the White House on how the order will be implemented, it’s unclear what second- and third-order effects it could have within the military, Christensen and other military law experts said.
* * *
“My time in service, there was never once that I was curious or wondered or was concerned about what the president thought as I was prosecuting a case, or presiding over one as a judge,” he said. “But I think now, people probably will be.”
* * *
[Quoting Prof. Rachel E. VanLandingham] “Even [Court of Appeals for the Armed Forces] judges can be removed from their positions …. They work for the president, and if a president wants to exploit that structure, he has the legal authority to do so. It’s how Congress set things up.”
A judge with the Court of Appeals of the Armed Forces, or CAAF, can be removed for neglect of duty or misconduct, VanLandingham added, but can’t be removed “simply because the president doesn’t like their opinions.”
No comments:
Post a Comment
Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).