Posted on 08/27/2024 9:13:33 PM PDT by RandFan
Just saw the clip on TV. He went right there and said "Look, president's have some immunity look at Obama who ordered a drone strike on a U.S. citizen. That was the very definition of murder ... "
Brilliant from JD.
He also mentioned judges themselves have some immunity in office...
So mistaken identity isn’t murder, right? Manslaughter.
The Confederates were all US Citizens. But they took up arms against the US, which is the very definition of treason (that word gets thrown around too loosely), such that the established judicial structure is neither appropriate or can be reasonably employed.
Stop being a dickhead. It’s an honest question.
Absolutely. Those bastards opened the door for prosecuting former presidents, so now their darling Barack Obama needs to go to prison for murdering a citizen with a drone strike.
Show the liberals why they should not have opened that door.
Until they seceded, then they now longer owed any loyalty to that corrupt cesspool that Washington DC had become. (Still is.)
But they took up arms against the US, which is the very definition of treason...
None were charged with Treason. Not even Jefferson Davis, the president of the CSA.
As Chief Justice Salmon P. Chase said at the time, "Secession isn't rebellion."
I see your argument, but initially, they (the North) absolutely wanted to try Jeff Davis, Gen Lee and others. There was really nothing constitutionally prohibiting that except for the application of grace.
So the question is: Does a US citizen have absolute protection against the application of federal military force (state militia is a whole different argument)?
JD handled that like a pro and gave out lots of information. Handled any snark well too.
One other thing, food for thought.
It was my infantry battalion (2nd Bn, 9th Marines) that intervened in the Rodney King riots in LA. To be fair, the CA Natl Guard did most of the heavy lifting. They didn’t get the credit they deserved. 2/9 was only in support; but the ROE allowed for deadly force.
He’s been at it again today I just saw the headlines he’s attacking the Democrat Nominee (God forbid). Cardinal sin!
Not so. Another thing Chief Justice Salmon P. Chase said about the trial of Jefferson Davis was (and I paraphrase)
"Lincoln wanted him to escape, and he was right. If you try him for treason, you will lose in the courtroom everything you have won on the battlefield. Secession is not rebellion. "
The Declaration of Independence clearly articulates that states have a right to Independence, and this right comes from the "laws of nature, and of nature's God."
When the very document which founded our nation asserts the rights of the Southern states to secede, how can you claim they had no right to do so?
If they had no right, than neither did the Founders have such a right, and the USA is itself illegitimate.
No, they didn't want to go down that road. Better to pretend they were being benevolent and not address the philosophical issues involved, because they could not win on the legal points.
So the question is: Does a US citizen have absolute protection against the application of federal military force (state militia is a whole different argument)?
My recollection is that the posse commatatus act prohibits military assets from being used against American civilians.
Not completely sure of the legalities, but the California national guard I think had a right to use deadly force to suppress riots. I'm not sure the Federal forces could do so legally, but of course it's the government, so they can get away with it if they want to regardless of what the law says.
He told them flat out it would be a mistake. A legal mistake as well as a major social mistake.
If they were all going to go to prison, they might just as well have taken up arms again, so there was a real military need to not have that happen.
I think Grant also came out against it on the basis of him having given them his parole as a result of them laying down their arms.
Chase was absolutely right. But what happens when there isn’t a Republican Congress, and if President Johnson doesn’t offer a wide spread amnesty?
For that matter, what happens when a Muslim American refuses to surrender and take an oath of allegiance to the US? Now you see where I am going.
Great discussion.
Constitutionally, the militia has the three-fold mission of repelling invasion (hello illegal immigrants), putting down rebellion, and enforcing the laws of the United States (hello border states).
But that has long been usurped by the federal government by the Dick Act and the subsequent NDAA.
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