Posted on Jan 12, 2021
MSgt Jeff Brown
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Do we rely on the "lawful order" argument?
Posted in these groups: Imgres Office of the President (POTUS)
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Responses: 6
MAJ Bryan Zeski
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For the Commissioned Officer side, the Oath is only to the Constitution - not to obey the President.
We rely on the "obey the orders of the Officers appointed over me" to keep that all in line with the Constitution.
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SFC Michael Hasbun
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There's no conundrum. This isn't North Korea.
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MSG Felipe De Leon Brown
MSG Felipe De Leon Brown
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The president is the CinC and has to be faithful to the Oath of office. If the CinC violates the Oath, they can be impeached and removed. No member of the military is obligated to obey any unlawful order. Several individuals with whom I butted heads found out quickly that I knew and understood the UCMJ a lot more than they did.
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CPT Staff Officer
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But the Officer Oath is to the Constitution, and doesn't mention the President. So in the rare exception of a Direct Order by the President to Enlisted personnel all orders are filtered through the President to Officers who swore loyalty to the Constitution directly.
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