If Trump is elected president then he is commander in chief of the military. the defense could argue that Trump’s statements during the campaign show his true beliefs and thus could be considered as being orders to the military jury. thus the ‘jury pool is contaminated’ by “improper command influence.”
This is NOT blowing smoke. I remember a court martial case in the 3rd Armored Division back in the mid-80s. The division commander made a remark to Stars and Stripes during the trial of a member of the division. The military defense lawyer brought in a request for cancellation of the trial due to “improper command influence.” the military judge agreed and it was upheld by the V Corp JAG.
Trump is a civilian. His remarks were stated as a civilian. Foolish comparison.
That’s amazing.