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Justices Ask if Military Officers Could Refuse Orders from a President Who Engaged in Insurrection

‘He’s disqualified from the moment he committed an insurrection ... what would compel a lower official to obey an order from that individual?’
By Grabien Staff


ALITO: “Can I ask you again the question that Justice Gorsuch asked and you — to which you responded by citing the de facto officer doctrine. But suppose we look at that going forward rather than judging the validity of an act committed between the time when a president allegedly engages in an insurrection on the time when the president leaves office. During that interim period would it be lawful for military commanders and other officers to disobey orders of the — of the — the president in question?”
MURRAY: “I’m not sure that anything gives military officers the authority to adjudicate effectively the legality of the presidency.”


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