"Is that too simple for some to grasp?" I wondered as I read:
"Whoever ... willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined ... or imprisoned not more than two years, or both."(18 U.S. Code § 1385, emphasis added). Sounds like an impeachable offense.
Would it narrow "whoever" down if one asks themselves "who can command the military to execute the laws?"
Especially if we note that the "national guard" is not "the Army or the Air Force."
"Whoever" is becoming a new word, then, in the sense that military commanders cannot order their troops to do that because it would be an illegal order which soldiers are duty bound to disobey:
"The PCA generally prohibits U.S. military personnel from direct participation in law enforcement activities. Some of those law enforcement activities would include interdicting vehicles, vessels, and aircraft; conducting surveillance, searches, pursuit and seizures; or making arrests on behalf of civilian law enforcement authorities. Prohibiting direct military involvement in law enforcement is in keeping with long-standing U.S. law and policy limiting the military’s role in domestic affairs."(U.S. Northern Command). The military says they get it, but what if their Commander in Chief ("CIC" ... pronounced "sick") does not get it?
Is the CIC a "whoever", a "whatever person" ("whatever person; anyone that: ... no matter who" - dictionary) ?
In this case, it would seem that the CIC is almost the only "whoever" that can do this posse comitatus felony.
If you don't think so, go up to a sergeant, a major, or a general and command them to do it.
Command them to command their troops to "go to the U.S. border and fire upon anyone in the group that is asking for asylum and who throws a rock at them ... or teargas them all."
The CIC has said that "a rock" is a firearm.
This law indicates that a president, I mean a CIC, can be indicted if he or she is a "whoever" that "willfully uses any part of the Army or the Air Force ... to execute the laws."
Not only that, after indictment and being found guilty, it is not one of those "may" laws ("shall be fined ... or imprisoned not more than two years, or both").
It is a command (does Nancy "impeachment is off the table" Pelosi get it yet?).
A Whoever ... the Tommy ...