It is, frankly, moon logic. The President is commander-in-chief, ergo, they are immune from prosecution when issuing an order to the military, even if the order is illegal? Because the Constitution says the President can issue orders and doesn't say anything about whether those orders need to be legitimate or justifiable in any sort of national context? Repeat for the Justice Department, or Immigration, or any of the many offices that fall under the executive branch. Apparently if the President is insane, or corrupt, or treasonous... that's a problem for all of us, but not necessarily a problem for the President.
Really does a number on the ‘unlawful order’ doctrine for military accountability. Has SCOTUS made ‘just following orders’ a valid legal defense?
They’ve also made much of the fact that the presidential authority to pardon is constitutionally unreviewable, so even if the president orders someone to commit a crime, he can pardon them preemptively. His appointment power is similarly in the constitution, so he can also fire and replace them until he finds someone willing to do it.
Are we really left with ‘if the president were to issue illegal orders to his staff, Congress would definitely impeach him’?
