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TomSlick

(12,626 posts)

12. I long ago retired from the Army but if I was the Staff Judge Advocate for any flag officer commander

Reply to Stinky The Clown (Original post)

Sun Jun 8, 2025, 08:39 PM

Jun 8

given an unlawful order, i.e. an order to commit a crime, I would give the commander a written legal opinion that the order was unlawful AND that the commander's legal obligation is to refuse the order. I would also advise that I have secured a copy of the legal opinion, where it cannot be seized, for use in any future court martial.

For example, an order to violate the Posse Comitatus Act is unlawful. Obedience of such an order would be a criminal act. The SCOTUS grant of presidential immunity does not extend to others obeying unlawful orders.

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Stinky The Clown arkielib

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Highlight:

So. Boys and girls. Wuddaya think. Do the Marines have the bravery to refuse an illegal order [View all] Stinky The Clown Jun 8 OP

Easy answer - NO walkingman Jun 8 #1

It's not about bravery, but desire synni Jun 8 #2

"Most of them are GOP" Is that a fact or surmise? Stinky The Clown Jun 8 #4

Fact Polybius Jun 8 #15

Not desire. Preparation. dickthegrouch Jun 8 #7

ACLU does have advice and consultation available for such. Amaryllis Jun 8 #9

No newdeal2 Jun 8 #3

Doubt it. Think too many of today's troops are right wingers that hope to advance to henchman. Silent Type Jun 8 #5

no Celerity Jun 8 #6

Training AzTired64 Jun 8 #8

Nope! Wuddles440 Jun 8 #10

I would like to think so but after spending 4 years (USMC 1961 - 1965) I very muh doubt it. Ping Tung Jun 8 #11

I long ago retired from the Army but if I was the Staff Judge Advocate for any flag officer commander TomSlick Jun 8 #12

Most Marines aren't lawyers, either... Jack Valentino Jun 8 #13

Nope. Maru Kitteh Jun 8 #14

You mean honor their military oath and defend the constitution and country from a fascist domestic enemy? Hotler Jun 8 #16

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