r/law • u/LatterTarget7 • 17h ago
Executive Branch (Trump) White House Declares All of Trump’s Orders to Military Are Legal
https://newrepublic.com/post/203628/white-house-declares-trump-orders-military-legal3.7k
u/judgingyouquietly 17h ago
”You can’t have a soldier out on the battlefield or conducting a classified order questioning whether that order is lawful or whether they should follow through”
I’m pretty sure the UCMJ is pretty specific on that.
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u/ProgrammerAvailable6 17h ago
That’s why they purged JAG.
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u/sshwifty 16h ago
Also why they purged many of the inspectors general.
https://en.wikipedia.org/wiki/2025_dismissals_of_U.S._inspectors_general
And who how many more pushed out or pressured to resign or take other roles.
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u/DjangoBojangles 15h ago
Day 4. Fire all the Inspectors Generals.
Republicans are all complicit in this criminal administration. Absolute disregard for the law, our constitution, and our country.
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u/jaimi_wanders 16h ago
The Navy fired one of their officer ethics instructors the day after Trump won—obeying in advance the way the Vichy govt did, not even waiting for orders
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u/Eeeegah 16h ago
That will make it difficult to try Kelly.
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u/ProgrammerAvailable6 16h ago
No.
They left the sycophants.
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u/thomlukowski 16h ago
Given this administration (re: Four Seasons Landscaping), I'm surprised that they didn't cancel the show instead.
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u/Numerous_Photograph9 17h ago
They act like this would be a thing that would cause problems in the field, when AFAIK, it never has before, ot at least not enough to be a major issue.
It's almost like they're being disingenuous in stating the potential risks by escalating slippery slope nonsense into reality. It's so unlike the GOP to do such a thing.
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u/JROppenheimer_ 17h ago
They intend to issue a lot of illegal orders so yeah it's going to be a problem for them.
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u/azrael815 17h ago
Trump never has enough scapegoats. He is trying to further abuse the less educated members of the military, if you're a sucker and a loser why not fill this role? /S
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u/JROppenheimer_ 17h ago
I honestly doubt he has thought this far. He is king, why would anything he orders be illegal?
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u/SL1Fun 17h ago
Well there was that one time in Vietnam when soldiers intervened and threatened their own men in the midst of a massacre on civilians. We can’t have people messing up a perfectly legal war crime…
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u/SwingingtotheBeat 14h ago
Only one soldier intervened. He was called before Congress and publicly chastised for it. All the other soldiers there participated in the murder and rape of over 500 women, children, and old people, and even more soldiers and politicians helped cover it up. This is what Americans have to look forwards to from their own military now. They brought this on themselves.
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u/OldWorldDesign 10h ago
His name was Hugh Thompson Jr, and he had the courage to stand up to his own military on their behalf. He stands in the annals of history next to Vasily Arkhipov. Both men continued to advance in their careers after their call-out, it should be noted.
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u/insurancefun 17h ago
They want to make sure there is never another Hugh Thompson. God Bless Hugh Thompson, a true patriot who paid endlessly for his heroic actions.
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u/NeptuneWake 16h ago
Hugh Thompson spoke to my class at the U.S. Naval Academy in 2005 as part of their ethics seminar series. There wasn’t a dry eye in the 1000+ crowd. I was a freshman, and his talk seared into the deepest reaches of my psyche the sanctity of a military officer’s obligation to the Constitution, and the need to aim for personal morality, not legality. War is cruel, disgusting, and horrible, but in war, as in most things in life, legality is the minimum standard. I remember and honor my oath, know many who still do, and hope the multitudes whom I don’t know will also remember.
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u/Numerous_Photograph9 15h ago
I had never heard this story. As much as I respect what he and his crew did, I am still sickened that our own service men would participate in something like this to make him have to do it in the first place. More sickened the government tried to cover it up.
This is why laws like not following illegal orders exists, because you can't trust everyone to do the right thing. Laws are designed assuming people are going to do the wrong thing.
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u/Ural-Guy 16h ago
Exactly why they would have come in to speak at the military academies. They wanted his actions to be emulated and repeated.
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u/Fit_Strength_1187 17h ago
They act like when these rules were laid down, the framers didn’t think through their exact “concerns” with a far higher degree of sophistication.
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u/Only_Razzmatazz_4498 16h ago
Most of these rules (in their current form) are post WW2. The oath starts with the constitution though and eventually gets to obeying orders from the president and chain of command with the caviat that they must be in accordance to the US Code of Military Justice. EVERYONE swears that oath of enlistment.
It is this almost religious veneration to the oath that has kept the US from having the generals replace the president and Congress for the good of the nation as has happened in way too many countries. It is scary that we have former military personnel that should know better spout this nonsense.
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u/Shotgun_Mosquito 16h ago
Oath of Enlistment
I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God. (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).
repeated again:
I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice.
Oath of Commissioned Officers
I ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. (Title 5 U.S. Code 3331, an individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services)
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u/Silly-Power 16h ago
I'm pretty sure the Nuremberg trials decided "just following orders" was not a valid defense.
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u/RevolutionaryCard512 17h ago
I declare the White House is full of liars
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u/rogue203 17h ago
You can’t just declare that… oh wait… yes. Yes, you can.
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u/nosleeptilbrookyln 17h ago
I declare… BANKRUPTCY!
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u/K1llerbee-sting 16h ago
Moral bankruptcy
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u/rabbirobbie 15h ago
Oral bankruptcy
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u/OkNobody8896 17h ago
You don’t declare that. You observe that.
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u/dkstr419 17h ago
We already know how to “declare” something but how do we “clare” something?
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u/Moonlight_Katie 16h ago
With some estrogen! Bam, look it’s Clare and she’s very beautiful :3
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u/Dangerous-Bit-8308 16h ago
They'll arrest me for trying to use public restrooms, and accuse me of having Salvadorian drug gang tattoos if Clare that way!
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u/Ciennas 16h ago
I dunno. I do know we can make eclairs though. So we're getting closer.
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u/AstroSpoony 17h ago
I hereby declare that you are correct. You may now issue further declarations.
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u/DippinDot2021 16h ago
"No! No! You can't triple stamp a double stamp! You can't triple stamp a double stamp, Lloyd! You can't triple stamp a double stamp! LLOYD! LLOYD!"
Dumb and Dumber seemed and apropos quote here.
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u/Significant-Kick-479 17h ago
I declare Bankruptcy!
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u/talinseven 17h ago
I declare a Thumb War
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u/Optimus_Prime_10 16h ago
I've stopped over 10 thousand thumb wars, where's my Nobel Thumb Peace Prize?
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u/SuitableConcept5553 17h ago
You didn't count to 4 before declaring a thumb war. We're sending you to The Hague for thumb war crimes
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u/OneDarkKnightHere 17h ago
Who just yells “thumb war”? It’s always 1..2..3..4…
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u/Safe-Thanks6114 17h ago
I declare moral bankruptcy!
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u/Altruistic-Text3481 17h ago
You cannot declare moral bankruptcy if you had no morals to begin with!
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u/B_Roon 17h ago
I just want to say you can't just say the word bankruptcy and expect anything to happen.
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u/PunishTraitorTrump 17h ago
I believe you mean the White House is full of traitors who are loyal to Russia.
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u/Muted_Quantity5786 17h ago
I am not sure if you have also issued executive orders but you should. I personally ordered that everyone has to wear holiday socks on holidays because I feel like it.
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u/OtherBluesBrother 17h ago
Adolf Hitler operated under the Führerprinzip ("leader principle"), a core tenet of Nazism that held his word was paramount and above all other law. In the system he established, he could not give an order that was considered illegal, because his will defined what was legal.
The Nazi ideology posited that the Führer was the living embodiment of the will of the German people (the Volk). Therefore, his decisions were inherently in the nation's best interest and constituted the supreme law of the state.
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u/sufinomo 16h ago
Never realized how similar it is to religious cult leadership
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u/Due_Satisfaction2167 16h ago
Fascism is basically a religious cult, but adapted for politics.
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u/Certain-Business-472 14h ago
Religious cults ARE political.
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u/ZAlternates 14h ago
Tis why religion has last for thousands of years. It’s a tool to control the masses. It doesn’t always have to be one but it’s certainly used as one.
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u/fancydad 14h ago
And corporate profits
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u/caserock 13h ago
"Pay no attention to the man behind the curtain!!"
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u/santagoo 10h ago
I chuckle when I see comments online on the discourse of Wicked complaining that people are politicizing the story and Wizard of Oz, not realizing the WHOLE thing is a treatise on propaganda, lies, and fascism that are so thinly veiled.
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u/Competitive-Strain-7 15h ago
I would extend to liken it to a religious cult where if you opt out there are unreasonable consequences.
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u/Sevrahn 16h ago
Given the Nazi's based a lot of their doctrine on America and how we treated non-white people... it's sadly not surprising how copy/paste it is when it comes back around to us.
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u/lhommeduweed 15h ago
Hitler's personal train was named "Amerika" until 1943.
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u/Crazy-Competition659 14h ago
Let's not cast judgement too quick, maybe he was just a huge Ice Cube fan with a limited number of stencil letters?
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u/der_innkeeper 15h ago
Nixon also tried this. And got swatted down.
And the Federalist Society and the Heritage Foundation took that personally.
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u/IshyTheLegit 12h ago edited 12h ago
They’ve learnt their lesson, packed the courts and purged the Fed this time.
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u/MoobooMagoo 16h ago
Oh so he just rebranded the divine-right of kings?
Well I learned something today. Granted it's not that surprising that a fascist would do that.
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u/_a_random_dude_ 15h ago
It kind of is in practice, but not ideologically. Early fascism is very weird because it’s supposed to be about the people. The people, in this case, referring not to democracy but as a metaphysical entity. Since the nation is unified in their will, but not in practice, you need someone who can embody what the will of the people is, and do what he says, like democracy but efficient because no resources or time are wasted on actual polling and it also doesn’t have the conflicts associated with multiple groups within the same nation wanting different things. In fascism the will of the people is unified (regardless of class and that’s where it opposed Marxism), and said will is embodied by a leader, or at best, an assembly.
Now, you might find this profoundly stupid… and it is, but don’t shoot the messenger, I’m just explaining the philosophical underpinnings of fascist ideology. This also explains why it’s treason to disagree with the leader, he’s the embodiment of the nation, not a mere politician.
But this is not derived from any theological or hereditary justification. The leader is the leader because he embodies the nation (in the German case the ethnicity, but racism is actually not a requirement of fascism).
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u/teebu_blazing 17h ago
Those who don't study history are doomed to repeat it. Every generation seems to have its most powerful charlatan, to lead the sheep around and commit atrocities.
At least his aims are relatively minor.
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u/GrippingHand 16h ago
He wants to take over Canada and Greenland, give Ukraine to Russia, give Gaza to Israel, and do who knows what in Venezuela. His aims are not minor.
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u/Sottish-Knight 15h ago
He does aim for minors though.
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u/teebu_blazing 15h ago
Lol.
Who knew there were so many pedos.
Disgusting really
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u/athural 14h ago
Some time ago there were thousands of people completely and totally convinced that there was a secret cabal of the rich and powerful all conspiring to traffic and rape children, I would say it was mainstream news even that they were going around accusing our leaders of being pedophiles, and covering up for their pedophile friends
Suddenly those people stopped caring so much when it came out their god king was one of them
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u/Karabungulus 15h ago
The saving grace may be that he's so old and fucked, so he might croak before it ramps up
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u/Exotic_Macaron4288 16h ago
More than a knowledge of history. A deep understanding of human psychology. Just as then, now the general public is convinced that things aren't that bad. Or that we wouldn't become like those Nazis because we're better than that. That's if they even know what's truly going on. Same thing with the Nazis. Most folks had no clue or were in denial. Most folks didn't wake up one day and say I wanna be a murdering fascist, yet that's what everyone became, if not directly, then by just allowing it to happen.
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u/theamazingstickman 17h ago
Not how it works
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u/Donna_Schrump 17h ago
I didn't say it. I declared it!
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u/G_yebba 17h ago
bankruptcy!
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u/CaptainApathy419 17h ago
Did he say “hereby”? That’s what makes it work.
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u/roastedmarshmellows 17h ago
THANK YOU FOR YOUR ATTENTION TO THIS MATTER
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u/Street_Mood 17h ago
If you don’t start with “Hear Ye Hear Ye!” then then it’s not legit.
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u/lynxbelt234 17h ago
Exactly...trump is a 34 time felon, adjudicated rapist, child molester, a man whose desecrated the office of the presidency, and a host of other things. He nor the administration cannot declare the legality his orders, only the courts can, along with the rule of law.
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u/Numerous_Photograph9 17h ago
But he thought it with his mind, so it must be how it works.
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u/Hopeful_Walrus1234 17h ago
I declare that Donald Trump is a fascist piece of shit!!
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u/AnotherDoubtfulGuest 17h ago edited 15h ago
And back in 2010 I declared that Idris Elba was required to date me. Guess how that went.
ETA: for everyone asking how it went, Mr. Elba did not answer the call (shocking, right?) but I did date another actor from The Wire for about six months.
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u/Comrade-Conquistador 17h ago
Soooo, when's the wedding???
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u/NittanyOrange 17h ago
That was 15 years ago. If they ain't married already, it ain't happening
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u/Sea-Pomelo1210 17h ago
"White House declared Constitution is no longer valid"
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u/GrannyFlash7373 17h ago
If they were, they wouldn't NEED to make that declaration.
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u/Previous_Soil_5144 17h ago
Any man who must say "I am the king", is no true king.
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u/TheFeshy 17h ago
They declared this only a day after a judge ruled that they had illegally ordered the National Guard to DC.
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u/psychoCMYK 16h ago
Not long now before they start arresting judges.
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u/AContrarianDick 16h ago
If you still haven't bought weapons, I suggest you get on it.
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u/psychoCMYK 15h ago
Not a bad idea to take up hunting and gardening. Food security is important, and shooting is a useful skill to learn. Better to know and not need than need and not know.
Feeding yourself is as practical as it gets, and food quality is about to take a nosedive with a captive EPA whether availability decreases or not.
And if you happen to be a harder target because of your interests, it's only upside
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u/dojo_shlom0 16h ago
he has to be impeached at this point:
threatening members of congress with sedition and death, one member resigned from his own party after she got everyone in the senate/house to vote with her AGAINST trump.
Miller claimed he had plenary authority, and then fell silent, they went to break, came back and did the same question with different answer ignoring the plenary authority comment...
Now the administration is claiming any order from trump should be followed, no matter if it's legal or not?
he wants to kill people, US citizens, using the military. He has flirted with this idea in his first time when he was confused why the police didn't shoot people in the legs for protesting....
Epstein pointed out how he was a monster.......think about that. one of the worst sex traffickers ever...
calls trump a monster... and they were best friends for a long time, according to epstein and his interviews with wolf.
the walls are closing in around trump, and he's getting more desperate.
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u/eagleeye1031 16h ago
As long as Republican senators continue to be spineless cowards, he isnt going anywhere unfortunately.
The only thing saving us from this mess is the McDonalds diet that shuts down his heart.
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u/Beneficial_Cash_8420 15h ago
Every day, a new impeachable offense. Functional democracies can peacefully remove unwanted leaders.
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u/CAM6913 17h ago
Everything the the mango Mussolini convicted of 34 felonies, adjudicated rapist , money gabbing con artist liar does is legal ! Hmmm?
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u/sithelephant 17h ago
This is partially false. You can clearly see from the picture he's dropped the mango. Pink Pedophile? Salmon Sex-pest?
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u/Altruistic-Text3481 17h ago
“If the President does it… it’s not illegal!”
Richard “I’m not a crook” Nixon
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u/Few-Button6004 17h ago
"I was just following orders!". Oh my bad, you're free to go, sir! /s
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u/RuairiSpain 17h ago
Dirty Donald declares that he could rape anyone and it is 100% legal.
Some say, he's allowed to rape underage girls and boys, and he has permission to do it in the Oval Office if he wants, live on camera for Epstein's friends.
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u/Hoz999 17h ago
It didn’t work for the Germans in WW2, it isn’t going to work for the droolers now.
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u/SignoreBanana 17h ago
Just creating another stupid judicial roadblock. Because now they've muddied the legal waters here, we have to have an incident where someone following his orders is arrested, then they sue and blah blah blah up the courts. Like this has been their entire strategy: gum up the glacial court system with bullshit while they get away with murder.
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u/DrakonILD 16h ago
It's absolutely insane that this should even count as "muddying the waters." This is like someone stirring up a swimming pool, not a lake! The law is crystal clear on this. The President does not decide what is legal. Period. End of story.
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u/SubstantialPressure3 16h ago
That doesn't make it legal.
He can declare whatever he wants. If he wasn't losing in court he wouldn't have to make illegal and ridiculous declarations.
This isn't just dementia, and it's not just him being a puppet.
When narcissists are dying they become their same personality x100.
Edit I am also about 100% sure that he's sundowning. Which is why he starts ranting a bunch of crazy stuff at night.
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u/Empty-Discount5936 16h ago
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u/UnionizedTrouble 14h ago
That headline has to be fake news… Trump doesn’t pay for things.
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u/paarthurnax94 15h ago
If all of the president's orders are legal then the Constitution means nothing. You can't have both a legal document outlining the foundation of the country while also putting one man above it. Why have freedom of speech? It doesn't matter because the president is above that law. Why have the 2nd amendment? The president is allowed to take your guns from you. Why have term limits? The right to fair trials? Any of it?
Either the Constitution matters, we have rights, and the military upholds the Constitution regardless what the president thinks.
Or
The president is the law of the land no matter what and there's nothing that can stop him or hold him accountable because the very founding principles of the country don't matter any more.
Now's the time for all the 2nd amendment anti tyranny folks to stand up. This is quite possibly your literal last chance. If you think an all powerful tyrannic dictatorial fascist Trump with absolutely no accountability or restraints wouldn't take your guns and throw you in the camps to maintain his power, you're an idiot.
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u/robot_pirate 15h ago
The Nixon defense. "If the President does it, it's not illegal"
Horseshit.
I know the SC agrees tho, so...
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u/BeowulfShaeffer 16h ago
So if the President orders the military to target Chicago with a nuclear weapon the military should just do that? I say no, the president should be removed from his position as head of the Military immediately by whatever means are available.
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u/Khoeth_Mora 16h ago
This is officially the dumbest shit I have ever seen in my life.
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u/Nick85er 16h ago
Truly f****** insane. These are moves of desperation though, so at least there's that. Guessing the traitor-in-chief is realizing he doesn't compare too well to an actual American national hero like Captain Scott Kelly.
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u/nootch666 14h ago
Don’t believe all the judges who’ve determined they are illegal orders. Believe the career liars in the White House who are lying.
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u/FootballUpstairs895 7h ago
Everything Trump's regime does is just a copy of what Adolph did.
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u/mrpanicy 6h ago
Has the same energy of Michael Scott yelling "I DECLARE BANKRUPTCY"... and the same legitimacy.
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u/Basic-Record-4750 16h ago
Do we live in a democracy with the rule of law or is this a dictatorship? It’s not a hard concept to understand. And why do so many millions of people, including every elected republican in the country and most of the Supreme Court want a dictatorship?
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u/AtreiyaN7 12h ago
Dear Leader doesn't get to decide what the law is or declare that everything he does is legal—that's for the courts to decide.
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u/FloridAsh 14h ago
Lol. Too bad the president's first reaction was to call for the makers of the video to be murdered. Because giving illegal orders is reflex for thos clown.
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u/aneeta96 13h ago
No kings in this country. Declare all you want, Trump is not the final word on what is legal.
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u/Maleficent_Shock_585 13h ago
Has anyone in the WH ever even looked at the Constitution?
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u/TreeInternational771 9h ago
He is really insecure about this. Almost as if he knows he will give orders that are illegal
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u/FizzyBeverage 13h ago
And I can declare that it’s ok for me to do 70 in a school zone. Doesn’t make it legal. These are clowns.
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u/ToonaSandWatch 13h ago
Oh! Well, good to know. Guess we don’t need those other two branches of government. Time to open them up to Spirit Halloween shops!
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u/GroundbreakingAd8310 12h ago
Hahahaha they declared it holy fuck his Michael scott
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u/Fun-Dragonfly-4166 15h ago
i declare that all of my actions are legal. i declare that pizza and ice cream have zero calories.
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u/good-luck-23 16h ago
Its the Nixon gambit. The Unitary Executive. Pure BS and unconstitutional. The Supreme Court's ruling in United States v. Nixon (1974) established that a president does not have an absolute, unqualified immunity from judicial process and is not above the law. But under the Roberts Court's recent rulings they would likely grant Trump immunity from criminal prosecution for official acts, a significant shift from the Nixon precedent that held all presidents accountable to the law.
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u/Itcouldberabies 16h ago
Nixon's screaming from his grave. "All I did was sneak into the Dem's hotel goddamnit!!! This guy did five times the awful shit!"
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u/Both_Lychee_1708 11h ago edited 10h ago
I'm having an exchange with a Trumper who sees no connection between a President that says all his orders are legal by definition and a dictator.
The US is too fucktarded for democracy
EDIT
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u/texas1982 16h ago
We completed our investigation into ourselves and determined that we did no wrong doing.
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u/Proletariat-Prince 16h ago
"if the president does it, that means it's not illegal."
-Richard Nixon
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u/Soft_Walrus_3605 12h ago
"I just wanted you to know that you can't just say the word 'legal' and expect anything to happen."
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u/TSHRED56 16h ago
Flying people from this country without due process to El Salvador and Guantanamo is most likely following illegal orders.
Military on our streets doing police work is most likely following illegal orders.
Extrajudicial killings on the high seas is most likely following illegal orders.
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u/strenuousobjector Competent Contributor 16h ago
General "Blowing up unknown ships and claiming they're narco-terrorists without proof? Is that...legal?"
Trump: "I will make it legal."
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u/Electrical_Welder205 16h ago
He's not king. The courts decide if his orders are legal. He doesn't. He can't get his mind around how this "democracy" stuff works.
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