"Though they weren't explicit, the Congress members seem likely to have been speaking about Trump's assault on the Venezuelan cartels. Are those assaults legal? A memo from the Justice Department argues yes on the legal grounds that the United States is in an armed conflict with the cartels. The memo, drafted by the Office of Legal Counsel and reported on by The New York Times, goes on to assure military members that they can rely on the OLC's legal conclusions"
"and that they will be immune from prosecution if they follow the president's orders. In most cases, that would be enough: A lawyer's advice that an act is lawful can typically be used as a basis for arguing that someone did not think she was acting illegally. But in this case, the protective value of the OLC opinion may be no greater than the value of the paper it is written on."
Military and intelligence personnel have an affirmative obligation to disobey manifestly illegal orders. A group of Democratic lawmakers who are veterans or former intelligence officers released a video reminding service members of that duty, and President Trump accused them of sedition and threatened them. The Pentagon announced an investigation of Senator Mark Kelly that could lead to court-martial. A Justice Department Office of Legal Counsel memo finds the United States is in armed conflict with Venezuelan cartels and advises that service members can rely on its legal conclusions and will be immune from prosecution if they follow presidential orders. The memo's protective value could be null if it relies on false facts.
Read at The Atlantic
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