reflecting on the immunity decision a bit, what the Court seems to be saying is that every element of the executive branch is at the President’s disposal, no matter what he wants to use it for. his motives don’t matter. the office is a weapon to be wielded however he sees fit.
I know this is tongue in cheek, but the point is that the limitation is the scope of the office as the Court sees it. within that scope, it’s open season. so under the majority’s logic, for example, there’s really no limit to what the president could use the military for.
Wouldn't it still be illegal for the troops to carry out that order? The ruling doesn't make the order legal; it makes the President immune from prosecution for giving the order.
Granted, depending on troops to refuse to carry out an illegal order isn't much comfort, but it's not nothing.
He doesn't even need to pardon them. They aren't going to be charged and tried under the DOJ. They will be by a JAG and presided over by a tribunal of officers. Biden is the commander in chief, and all of their bosses.
