DOJ Should Begin A Criminal Investigation Of The Democrat Members Of Congress Appearing on Video To Undermine The Military Chain-Of-Command
18 U.S.C. Sec. 2387 makes it illegal to advise, counsel or in any manner cause insubordination or refusal of duty by any member of the military.
“Shall be fined … or imprisoned not more than ten years … and shall be ineligible for employment by the United States or any department or agency thereof….
President Trump’s first term in office was sabotaged from within. Led by James Comey as the Director of the FBI, various elements of the United States’ Law Enforcement, National Security, and Intelligence establishment conducted a years-long OFFICIAL GOVERNMENT effort to subvert his authority as the elected Executive and Commander-in-Chief of the armed forces.
President Trump — on behalf of not just himself but all future Presidents — cannot allow that to happen again. It is within his power to make leaders of the self-proclaimed “resistance” within the Government take a step back and rethink this tactic even when those individuals are elected members of the Congress.
That is not a shield that protects them from the consequences of behavior that is potentially criminal.
They serving members of the Government in the Congress have made a video directing their comments at the active duty military — from E-1 Privates to O-10 Admirals or Generals — referencing “this Administration” as the subject of their “advice” and “counsel” — have potentially interfered with the chain-of-command in a way that causes insubordination and refusal of duty.
They have invited an investigation by the federal law enforcement community under the direction of the Attorney General to undertake an examination on the subject of whether their words moved from the realm of free speech to a violation of federal law they themselves have sworn an oath to uphold. Whether they crossed that boundary is not for the Attorney General to say. If the evidence suggests that they have, it is for 12 jurors to say.
But it is incumbent upon the Attorney General to facilitate the investigation that might one day lead to that question being asked of and then answered by 12 jurors.
The Attorney General should direct the National Security Branch and the Public Corruption Section of the Criminal Division to open a criminal grand jury investigation. A grand jury investigation does not determine guilt or innocence. It only explores activity that has drawn scrutiny to itself. It is a tool used by federal law enforcement to gather information about the suspect activity and those who engaged in it.
The members appearing in the video cited their official positions and past military service as an “appeal to authority.” By doing so they have invited an inquiry into their conduct. These statements were not made on the floor of either House of Congress so the “Speech and Debate Clause” provides them no cover.
