Excellent article by an experienced expert witness in military court-martial trials. As always, this is a complex issue best explained by someone who does this stuff for a living and understands the subtleties
BuzzfeedMeDaddy on
Legit, every soldier signing up knows they swear an oath to the Constitution, not just to the big man upstairs at the WH. Respecting the chain of command means squat if the orders contradict core legal and ethical principles.
StrangerFew2424 on
*under anyone
whoistjharris on
“I was just following orders,” doesn’t keep you safe if you have to go to trial.
Pyju on
Remember when Republicans called themselves the “party of law and order”?
Much-Instruction-807 on
This isn’t controversial and anyone who does is an authoritarian bootlicker.
wrenchedups on
Bill Barr responded to an interview question about the future. He was asked if he was concerned with history’s accounting of his term as AG. He said it depended on who writes the history.
Same idea here. Who will be responsible for interpreting extra-constitutional soldiering at the relevant times going forward? Justice depends on what the administration of the day decides it is.
GymJordansLockerRoom on
The Trump administration has a stranglehold on all 3 branches of government and laws don’t matter to them. We need daily action and mobilization against this regime.
Zaius1968 on
Under any president actually. But most importantly Trump.
soon2Brevealed on
SEMPER FI applies to all branches. APPLIES TO THIS MOMENT MORE THAN EVER… Marines got it right, from the start- ALWAYS FAITHFUL- to the constitution.
Good_Ol_Ironass on
On my second deployment, I had co workers (plural) openly discussing about how much they wish they could commit hate crimes and kill protestors, as well as people who aren’t right leaning.
The troops will absolutely not disobey unlawful orders, many will be happy to do heinous shit.
Pickle-Rick-C-137 on
They took an oath to the Constitution, not the Donstitution.
woodpaulusgnome on
Nope.
severedbrain on
They must under any President. It’s been part of the legally mandated Oath of Enlistment since 1956!
amplaylife on
If they don’t, get their names and sue all of them personally for all their assets
chubby_pink_donut on
I’ve disobeyed an unlawful order. Granted it was over something not very important. The commander of the unit I was serving under ordered that I had to wear it’s division combat patch for some photo op and I refused. There was other guidance from higher up that stated soldiers could 1. Choose to wear any authorized combat patch that they had earned, or 2. Not wear one at all.
I refused to remove my old unit’s patch, went to JAG for guidance, and held my ground.
I guess half the country thinks I’m a guilty of sedation of the United States over a patch. Lol.
highinthemountains on
Uniform Code of Military (in)Justice – guilty until proven guilty
Article 92 spells it all out. It’s too bad that Kegsbreath can’t read
Left_Apparently on
The statement made wasn’t the point. Of course members of the military know their duty is to the constitution, and they should only follow legal orders.
The point was making it known to members of the military that people in positions of power had their back.
Pete937 on
The oath is to defend the Constitution, NOT a political figure or party.
Autumn7242 on
Says who? All orders are presumed to be legal until they are not. When this happens, you have an obligation set by the UCMJ to not follow those orders. Things include
Firing on civilians
Torture
Looting and destroying material not meant for war (food)
Universal laws of humanity followed by the civilized world
Laws that break the US Constitution.
No, it is already stated and documented. The president does not have the authority to order troops to violate the US constitution.
Jeff_Selleck on
I think the two words “illegal orders” says otherwise
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21 Kommentare
Excellent article by an experienced expert witness in military court-martial trials. As always, this is a complex issue best explained by someone who does this stuff for a living and understands the subtleties
Legit, every soldier signing up knows they swear an oath to the Constitution, not just to the big man upstairs at the WH. Respecting the chain of command means squat if the orders contradict core legal and ethical principles.
*under anyone
“I was just following orders,” doesn’t keep you safe if you have to go to trial.
Remember when Republicans called themselves the “party of law and order”?
This isn’t controversial and anyone who does is an authoritarian bootlicker.
Bill Barr responded to an interview question about the future. He was asked if he was concerned with history’s accounting of his term as AG. He said it depended on who writes the history.
Same idea here. Who will be responsible for interpreting extra-constitutional soldiering at the relevant times going forward? Justice depends on what the administration of the day decides it is.
The Trump administration has a stranglehold on all 3 branches of government and laws don’t matter to them. We need daily action and mobilization against this regime.
Under any president actually. But most importantly Trump.
SEMPER FI applies to all branches. APPLIES TO THIS MOMENT MORE THAN EVER… Marines got it right, from the start- ALWAYS FAITHFUL- to the constitution.
On my second deployment, I had co workers (plural) openly discussing about how much they wish they could commit hate crimes and kill protestors, as well as people who aren’t right leaning.
The troops will absolutely not disobey unlawful orders, many will be happy to do heinous shit.
They took an oath to the Constitution, not the Donstitution.
Nope.
They must under any President. It’s been part of the legally mandated Oath of Enlistment since 1956!
If they don’t, get their names and sue all of them personally for all their assets
I’ve disobeyed an unlawful order. Granted it was over something not very important. The commander of the unit I was serving under ordered that I had to wear it’s division combat patch for some photo op and I refused. There was other guidance from higher up that stated soldiers could 1. Choose to wear any authorized combat patch that they had earned, or 2. Not wear one at all.
I refused to remove my old unit’s patch, went to JAG for guidance, and held my ground.
I guess half the country thinks I’m a guilty of sedation of the United States over a patch. Lol.
Uniform Code of Military (in)Justice – guilty until proven guilty
Article 92 spells it all out. It’s too bad that Kegsbreath can’t read
The statement made wasn’t the point. Of course members of the military know their duty is to the constitution, and they should only follow legal orders.
The point was making it known to members of the military that people in positions of power had their back.
The oath is to defend the Constitution, NOT a political figure or party.
Says who? All orders are presumed to be legal until they are not. When this happens, you have an obligation set by the UCMJ to not follow those orders. Things include
Firing on civilians
Torture
Looting and destroying material not meant for war (food)
Universal laws of humanity followed by the civilized world
Laws that break the US Constitution.
No, it is already stated and documented. The president does not have the authority to order troops to violate the US constitution.
I think the two words “illegal orders” says otherwise