The Pentagon is sending military JAG officers to the border apparently to serve as prosecutors.
First thing that comes to mind is that these folks are schooled in the Universal Code of Military Justice (UCMJ) which is NOT based on the Constitution.
This looks like an attempt to conflate and entire spectrum of concerns, actions and powers and use the military (under the Commander in Chief) to do away with the separation of powers. To use the office as weapon, veiled by presidential powers.
I am also reminded of Justice Harlan Fiske Stone addressing Conscientious Objection
Stone, The Conscientious Objector, 21 Col.Univ.Q. 253, 269 (1919) quoted in United States v. Seeger, 380 U.S. 163 (1965). as we increasingly see military personnel, corporate entities such as airlines, lawyers, NGOs and communities and individual speaking truth of conscience to power:
“Both morals and sound policy require that the state should not violate the conscience of the individual. All our history gives confirmation to the view that liberty of conscience has a moral and social value which makes it worthy of preservation at the hands of the state. So deep in its significance and vital, indeed, is it to the integrity of man’s moral and spiritual nature that nothing short of the self-preservation of the state should warrant its violation; and it may well be questioned whether the state which preserves its life by a settled policy of violation of the conscience of the individual will not in fact ultimately lose it by the process.”
The irony is not lost that Donald Trump and the impulsive instability of those he has around him [according to many of the brighter lights in our nation’s concerns] represent THE central threat to “self-preservation of the state” under a healthily evolving Constitution.