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Originally Posted by host
To everyone who cited the US military oath as justification to obey all orders; there is a fair rebuttal to your arguments, early in the second quote box in my last post.
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I am assming that
this is what you are talking about...
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The Uniform Code of Military Justice (UCMJ) 809.ART.90 (20), makes it clear that military personnel need to obey the "lawful command of his superior officer," 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order". In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president that do not comply with the UCMJ. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ.
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I suppose that I am more than a little unclear as to your expectations.
Would you have soldiers, that are actively involved in combat conditions, call for a "time out", while they consult with their attorneys over whether or not the orders that they have received are lawful under the Uniform Code of Military Justice?
Or, do you suppose that every soldier, sailor, marine and airman on active duty should have a Juris Doctorate from an accredited law school?
I understand that you have no idea of how the military operates, so let me help a little. When a soldier is given an order, by his Commanding Officer, it is expected to be carried out...immediately. There is no time alloted for debate. There are no calls to the Judge Advocate's office. The order is swiftly carried out.