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President ordered Customs and Border Patrol to break the law?

#43

(04-09-2019, 09:58 PM)mikesez Wrote:
(04-09-2019, 08:29 PM)B2hibry Wrote: Please do. This is getting unnecessarily drawn out.

Lack of proper funding, people, barriers, infrastructure, and immigration reform. Yep, she sure had all the tools to do her job. Maybe congress (specifically House) can take time away from unicorn chasing to support U.S. departments and agencies with what they require at the advisement of heads of said offices.

I think you're losing the lede.
The President is her boss.  She's an Officer per the section of the Constitution you cited, but Trump is not her commander.  The law commands the DHS secretary.  But the President can demand reports and fire at will. so that gets us to the bottom of a little misdirection about the chain of command you offered.
The President issued orders she felt were unlawful.
She refused to pass them on.
Trump retaliated the only way the law allows, and is now looking for a new intermediary who will pass along his commands with less regard for the law.
Should Trump succeed in this, the men and women on the front lines will get these unlawful orders more directly.
And that's a big problem, if the orders were indeed unlawful.
Were they?
No matter how many times you play the six degrees of Kevin Bacon, the President is not her boss. They are both part of the Executive branch. Think of it as an old school board of directors. Anyways, per the Constitution, he selects heads to support the varied departments and they can volunteer their service to the department. They are then either confirmed or rejected by the Senate. They are at-will advisors to the POTUS. At least you are comprehending one part...the Secretaries function in their capacity per the law bestowed by the legislative branch. The President doesn't demand reports, it is a written duty of the cabinet (you know, the ADVISORY body). If the POTUS was their boss, why Senate confirmation? Why function specific to law and not just wait until the POTUS tells them to jump? Test your understanding with this one question...What is Congressional Oversight?

Everything else you're throwing out there is your opinionated misunderstanding. There was no order lawful or otherwise. There can't be. Nielsen wasn't fired. There are no and will be no direct commands from the POTUS to front lines as you put it. I'm glad you used the term "front lines" though because that is a good military term that appears to describe this immigration event accurately. CBP officers have a duty to protect our borders and act in good faith regardless of what comes out of the Presidents mouth. They swore an oath...

"I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."

Those that have taken this oath and similar have the capacity to understand that they are not doing a job on behalf of any political figure. As a civilian, you may be blinded by their shiny, elitist positions but to these folks they are just figureheads. Members will lawfully function within their capacity as a service to the United States and Constitution, not some figure head. There is no such thing as brainless blind loyalty or subjugation in CBP, the military, or any other oath of service position. Hence, federal retribution and whistleblower protections.

Simple reiteration: No. There can be no direct legal or illegal orders given as the system of government does not support or allow.
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Messages In This Thread
B2hibry - by B2hibry - 04-09-2019, 08:29 PM
RE: B2hibry - by mikesez - 04-09-2019, 09:58 PM
RE: B2hibry - by B2hibry - 04-10-2019, 08:51 AM



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