The crime would be kidnapping, and it could be charged under the laws of any state they pass through on the way to Cuba.
Law enforcement is permitted to transport prisoners within the custody of the justice department, but the military has no state-level authority to do the same. Military members can be charged with state crimes if they do this.
I invite you to imagine a JAG lawyer briefing the superior that such an order will allow a state or local prosecutor to indict them on criminal charges.
The crime would be kidnapping, and it could be charged under the laws of any state they pass through on the way to Cuba.
Law enforcement is permitted to transport prisoners within the custody of the justice department, but the military has no state-level authority to do the same. Military members can be charged with state crimes if they do this.
I invite you to imagine a state or local prosecutor indicting a member of the armed forces for carrying out an order given by a superior.
I invite you to imagine a JAG lawyer briefing the superior that such an order will allow a state or local prosecutor to indict them on criminal charges.