Is Trump Giving Illegal Orders? Dems Just Blew the Question Wide Open. (opens a new window)
In ordering these prosecutions, is Trump giving illegal orders? Former prosecutor Kristy Parker says that depending on specifics, bad-faith orders to prosecute foes while knowing the facts don’t warrant it can be unlawful. They might violate the target’s constitutional rights or run afoul of a federal statute barring officials acting under color of law from willfully depriving people of those rights, Parker says, which could apply to both the giver and the executor of the order.
“Just following orders” is “not a lawful defense,” Parker told me. “If the order is unlawful, you can’t follow it, and you’ll be in violation of the law yourself if you do,” she said, though it’s often unclear how legally vulnerable underlings would be later.