“Chief Executive Officer” means Officer of the Executive branch of government. That’s not a military position.
But that said, the military is a part of the Executive Branch, and the president is also the “Commander in Chief” of the military, however, that is not a military position either.
On paper*, the military is answerable to 1) the Constitution and 2) the President. The President is not answerable to the military. The President commands the military without being in the military.
*I say on paper because, although military personal are duty-bound to disobey unconstitutional orders—even if they come from the President—in practice they don’t have a great track record of doing it.
The court ruling literally refers to him as an officer of the US Executive branch
Edit: I have since disavowed this instance
“Chief Executive Officer” means Officer of the Executive branch of government. That’s not a military position.
But that said, the military is a part of the Executive Branch, and the president is also the “Commander in Chief” of the military, however, that is not a military position either.
On paper*, the military is answerable to 1) the Constitution and 2) the President. The President is not answerable to the military. The President commands the military without being in the military.
*I say on paper because, although military personal are duty-bound to disobey unconstitutional orders—even if they come from the President—in practice they don’t have a great track record of doing it.