Perhaps the first question in Watson’s case is not whether his speech produced political consequences.
Rather, it is whether he understood himself to be acting as a partisan political advocate or as a commissioned officer attempting to fulfill what he believed was his constitutional duty under the oath he had sworn.
The order of constitutional analysis matters.
The Oath of an officer binds the officer to constitutional duty.
Constitutional Duty Is Distinct from Political Consequences
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https://substack.com/@defendersofdemocracy/note/p-206062898?utm_source=notes-share-action&r=104a16
Concluding Lines:
Perhaps the first question in Watson’s case is not whether his speech produced political consequences.
Rather, it is whether he understood himself to be acting as a partisan political advocate or as a commissioned officer attempting to fulfill what he believed was his constitutional duty under the oath he had sworn.
The order of constitutional analysis matters.
The Oath of an officer binds the officer to constitutional duty.
Constitutional Duty Is Distinct from Political Consequences