Sean Hannity believes Trump could investigate the DOJ with military tribunals

[Borealis]

https://lawandcrime.com/legal-analysis/sean-hannity-apparently-thinks-trump-can-investigate-the-doj-via-military-tribunal-thats-completely-false/

Sean Hannity was very busy getting the law very wrong over the weekend. This time, the law as it relates to the U.S. military system of justice. And how. During the November 30
edition of The Sean Hannity Show, a caller brought up the idea that President Donald Trump might be able to investigate the U.S. Department of Justice by way of a military tribunal.
Here’s how the relevant part of that interaction went:

Well, it’s the–again, that would be within the realm of the executive branch of the government, which he is the head of. Yeah, he would.

The problem for Hannity here is that, no, Trump actually wouldn’t have any such authority whatsoever. And, for what it’s worth, nor would any other president

There are two major sources of law which authorize military tribunals in the United States: (1) The Military Commissions Act (MCA); and (2) the Uniform Code of Military Justice
(UCMJ). First of all, the MCA cannot ever be used against U.S. citizens–much less a governmental body comprising an outsize component of the federal U.S. government–that’s simply
not why it was passed, not why it exists and has no grant of authority to prosecute Americans or American institutions.

Second, while the UCMJ does contain some provisions for the prosecution of American citizens, none of those provisions come close to applying in the scenario described by Hannity
and his call-in guest above. There’s simply no argument to be made here.

Article 21’s grant of authority to prosecute U.S. citizens–who are accused of violating the international laws of war–was read into the statute by the 1942 Supreme Court case Ex Parte
Quirin. This landmark case concerned several U.S. citizens who were accused of working as German saboteurs during the Second World War. The court agreed that U.S. military
authorities could try the alleged saboteurs under the UCMJ.

Such laws and rules are standards which outline acceptable–and unacceptable–conduct and guidelines for military personnel during actual wars–typically defined in the sense of
sustained armed conflict between at least two different state parties. President Trump and his own Department of Justice wouldn’t quite qualify.

[Archangel125]

Poor Hannity.

[Iknowtoomuch]

Sean Hannity should be investigated by a military tribunal.

[Curls]

Sean Hannity should be investigated by a palm tbh but thats just general Sean

[Sableye]

literally stomping on the constitution's very strict deliniation between civilian and military. At this point I wouldn't be shocked if he managed to break the 3rd amendment while he's on it.

[Sitkero]

Please note that FOX news knows very well how much influence they have over Donald Trump, who watches Hannity's show with some considerable consistency

Please note that Donald Trump has made decisions and said things based directly off of what he has seen and heard while watching FOX news

Please note that Sean Hannity is having his own legal troubles

Sean Hannity is advocating military dictatorship directly to Donald Trump

I am allowed to call fascism now

[Bald & Beautiful]

well, y'see, if it looks like a duck, quacks like a duck, swims like a duck...

then you have to point out where it explicitly stated it's a duck, please, i'm waiting

[seano12]

Shut it down!

[Death-trooper]

"No you see it doesn't eat or attack like a duck yet, so everything's fine."