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
The following italics sections was replicated in a stand alonge posting 11/21/2025
The ultimate Catch 22: What do you do when the whole chain of command is corrupted? The reason the clause was inserted in the Code of Military Justice was in reaction to the Nazi Generals' defense in the Nuremberg trials, which was "they were just following orders", and they were still hanged for their criminal acts.An excellent explainer: Explainer: Can military members refuse orders? The one issue not addressed in this is what if the JAGs ( the military law core) are also controlled by the presidnt. to make the judgment call of what is or is not an illegal order? This is not a hypothetical. The president has already fired the top three JAGs in the Pentagon. How the Pentagon sidelined lawyers while testing the legal limits of military action | CNN Politics
Now the FBI has been ordered to interview the 6 who dared remind the military of their rights not to obey illegal orders. .FBI interviewing Democrats over ‘illegal orders’ video It seems like the president plans to issue clearly illegal orders (he did contemplate having the military shoot unarmed protesters iin his first term), The flip side of his demanding the 6 be executed for sedition is that Trump wants the military to obey illegal orders and then resistance would be before the hand picked loyal JAGs? The Constitution is still supreme over the military code of justice....so back to the Supreme Court that Trump considers "his"?
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.
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