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originally posted by: JIMC5499
a reply to: Bunch
You know that. I know that. How many years has the Leftist media been portraying veterans as people who could snap at any moment and start shooting? There's the problem.
originally posted by: Bunch
a reply to: DINSTAAR
I understand your sentiment but again… there are proper channels to elevate this concerns. Even as a Lt Col if you feel that you don’t rub elbows high enough to impact policy and decision making you have ways.
Read on the story of Col. “Ned Stark”. He wrote a series of well thought out articles for the AF Military Times a few years ago. As a Colonel he had something to say and put pen to paper and published under a pseudonym. He thought if he would had come out with his real name he would be court martialed instead he got an invite from CSAF and was able to impact policy and decision making.
Once again I don’t disagree with Lt Col Scheller position, he made great points but he had other avenues and then to not follow a direct order on top of that?! I don’t know.
It’s sad he has lost everything he had worked so hard to include his family and kids. I wish he had sought better advice.
Source: www.airforcetimes.com...
originally posted by: vance
yep whether he was right or wrong in his content, doesn't matter much. He immediately disobeyed a direct order. As you know. I agree on all your points in this matter.
a reply to: Bunch
originally posted by: JIMC5499
originally posted by: ElectricUniverse
BTW, in the U.S. military you have a right to refuse following an order you think is "unlawful." It is part of the uniform code of military Justice.
Article 90 states military personnel have to "obey lawful orders of his/her superior." You have a right not to follow unlawful orders such as those that go against the U.S. Constitution.
Yes you do.
(Presumption of Lawfulness)
Orders from superiors requiring the performance of military duties are presumed to be lawful. MCM, pt. IV, 14c(2)(a)(i); United States v. McDaniels , 50 M.J. 407 (C.A.A.F. 1999) (order to not drive a personal vehicle after diagnosis of narcolepsy); United States v. Nieves, 44 M.J. 96 (C.A.A.F. 1996) (order prohibiting discussions with witnesses); United States v. New, 55 M.J. 95 (C.A.A.F. 2001) (order requiring a soldier to wear United Nations blue beret and insignia).
To sustain the presumption, the order must relate to military duty. It must not conflict with the statutory or constitutional rights of the person receiving the order. Finally, it must be a specific mandate to do or not to do a specific act. In sum, an order is presumed lawful if it has a valid military purpose and is a clear, precise, narrowly drawn mandate. United States v. Moore, 58 M.J. 466 (C.A.A.F. 2003). The dictates of a person’s conscience, religion, or personal philosophy cannot excuse disobedience. United States v. Stockman, 17 M.J. 530 (A.C.M.R. 1973).
(When Can a Soldier Disobey an Order?)
But it’s not enough to assert that soldiers must follow all lawful orders and disobey unlawful ones. Not every case is clear-cut. Soldiers taking orders in combat must act quickly and don’t always have time to calmly deliberate on every decision. Asking soldiers to make fine legal distinctions in combat or else face court-martial is akin to asking them to sail between Scylla and Charybdis.
This tension is resolved by rules contained in the Manual for Courts Martial. The manual is an executive order that augments the Uniform Code of Military Justice by setting forth procedural rules and providing guidance based on case law for interpreting the code. Rule 916(d) of the Manual for Courts Martial says:
It is a defense to any offense that the accused was acting pursuant to orders unless the accused knew the orders to be unlawful or a person of ordinary sense and understanding would have known the orders to be unlawful.
...
To sustain the presumption, the order must relate to military duty. It must not conflict with the statutory or constitutional rights of the person receiving the order. Finally, it must be a specific mandate to do or not to do a specific act.
...
Now who determines if you were right and the order was illegal? There's the Catch-22
It is a defense to any offense that the accused was acting pursuant to orders unless the accused knew the orders to be unlawful or a person of ordinary sense and understanding would have known the orders to be unlawful.