Friday, November 21, 2025

excerpts from a post of 11.20 2025 re the issue of whether military must obey illegal orders

From MUFTIC FORUM BLOG: Pinch me. Am I hearing the Queen of Hearts in Wonderland or a president in the White House? 

The GOP and Trump went ballistic, claiming that the 6 members of Congress (all with combat or intelligence experience) were encouraging the military to disobey orders, while deceptively leaving out the important words the Congresspeople clearly used "illegal orders'.  .  The flip side of that is does the GOP want the military to carry out illegal orders? Should Trump have required US military to shoot the Black Lives Matter demonstrators in the legs in his first term?In fact, per the military code of justice, those who commit illegal acts can be subject to prosecution. What the military oath of enlistment says about legal and illegal orders - ABC News

From my FB posting 11/20/2025: The issue is if military enlisted personnel believe the orders given to them are unconstitutional or against the military code of justice, can they refuse? I found this site, which may be helpful. Basically, obey your commanding officer first and fight it out in court-martial. Usually, the burden is on the officer who gave the order in court-martial proceedings. I recall that Hitler's minions at Nuremberg were hanged, and their defense was "just following orders". Officers have the real burden, and if they disagree with the president's orders, they could resign their commissions. This first came to head when Trump discussed with Gen. Milley ordering the military to shoot the legs out of the black lives matter demonstrators. Milley refused.

Note in the article: when military law, the Universal Code of Military Justice, conflicts with the Constitution, the Constitution is the superior law.

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