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this post was submitted on 18 Nov 2023
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The court ruling literally refers to him as an officer of the US Executive branch
“Chief Executive Officer” means Officer of the Executive branch of government. That’s not a military position.
But that said, the military is a part of the Executive Branch, and the president is also the “Commander in Chief” of the military, however, that is not a military position either.
On paper*, the military is answerable to 1) the Constitution and 2) the President. The President is not answerable to the military. The President commands the military without being in the military.
*I say on paper because, although military personal are duty-bound to disobey unconstitutional orders—even if they come from the President—in practice they don’t have a great track record of doing it.
The military isn’t relevant to the point I was making in that comment. I was pointing out the cognitive dissonance of the court ruling stating as a Finding of Fact that POTUS is “Chief Executive Officer of the Executive Branch” of the US, yet deciding that POTUS is also not an officer of the US. It’s in the court’s own verbiage that POTUS is categorically an officer and said office is that of the US Executive Branch; ergo, POTUS would be an officer of the US.
Oh sure, ignoring the military derail, the whole thing is royally fucked. It’s not only the Supreme Court that is shot through with corruption, the corruption stretches down to the lowers ranks of the judicial branch as well.