Jeffrey Vagle: That is, if a “vigorous and energetic” president, as part of their official duties, gives an unlawful order to the military (for which the president enjoys the presumption of immunity), how does the UCMJ apply to those members who aren’t under that immunity umbrella?

That is, if a “vigorous and energetic” president, as part of their official duties, gives an unlawful order to the military (for which the president enjoys the presumption of immunity), how does the UCMJ apply to those members who aren’t under that immunity umbrella?

Thinking about the possible effect Trump v. US might have on the UCMJ.

Do military personnel depend on a subsequent presidential pardon? Seems risky, especially the further one travels down the ranks.

All they need to do is *believe* they'll be pardoned to commit those acts, no?

There’s a fine old tradition that covers this. Scragging.

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