Posted on Dec 9, 2020
Judah Freed
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What are your professional and personal views on the right and the duty of active and retired military to disobey illegal or unconstitutional orders? (Ref. UCMJ, Articles 90, 91, 92; and the Fourth Geneva Convention.)

For instance, in the event a sitting U.S. President loses an election in the electoral college, and as a means to stay in office declares martial law or invokes the 1807 Insurrection Act, should you obey such an order? Would you individually be willing to comply?

Let's have a frank and friendly discussion on this vital topic....


e.g., https://www.witf.org/2020/06/02/president-trump-says-hell-deploy-military-to-states-if-they-dont-stop-violent-protests/
Edited >1 y ago
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Responses: 210
LTC Raymond Buenteo
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This is a media hype. But, I would not put this action past the Democrats. The Dems witch hunt went on for 3.5 years based o. Lies and events they created. So no I would never support such an action. The constitution is focus of our support not the men and women who manipulate interpretations for the sole purpose of extending powers to political parties and political agendas.
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SMSgt Bob Wilson
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Hypothetically, your question has not validity. As military, your are under the UCMJ which is based on "...the Constitution..." with liberal [not political] interpretation of the Bill of Rights. As a retiree, unless you comment an offense on a government installation or you work for the DOD, the Constitution is in effect via state laws [for the most part]. Who is going to determine if an "ORDER" is illegal? Oh, I know, the guard at the gate or the mess hall cook. Get real.
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SSgt Benjamin Rice
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I think the real question here is whether people believe there were shenanigans going on in some states with regards to the election(s). I honestly don't think this is even a question but I digress. Only once you answer this question can you begin answering the OP. HOW do you answer this question? Looking at both sides of the coin here, on one hand you have a POTUS that states the election results were fraudulent and that the Democratic party are basically insurrectionists. If this is the case then an order for Martial Law is probably justified. If however the election was fair and honest and the outcome was correct, then an order for Martial Law WOULD be illegal.
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SSgt Benjamin Rice
SSgt Benjamin Rice
>1 y
WO1 Dean Casey Do you know statistics? Explain the statistical probability that a single candidate would would receive 10s of thousands of votes and no other candidate would receive any.... I actually watched it happen in ga, I stayed up all night and watched the numbers. They didn't even try to hide it. Then if I think it was Fulton, they claimed they sent everone home, but were still counting ballots...... all of which went to a single candidate... Again. So, if nothing was done improperly, they've done a pretty crappy job of appearing to do things above board. It is certainly enough to launch investigations into if for no other reason than to remove any doubt of illegitimacy. But the gov and sec of state of GA had to have not only that but a few dozen election volunteers with sworn affidavits presented as well as VIDEO of ballot counter bullying briefcases of ballots from under the table and counting them..... I could go on but I've been watching this unfold in my state for the last month so when someone says 'show me the evidence', what it says to me is that they aren't paying attention.
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WO1 Dean Casey
WO1 Dean Casey
>1 y
As taught in collage, statistics can be written to reflect what the author wants. Evidence.
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WO1 Dean Casey
WO1 Dean Casey
>1 y
You saw it on tv, that is not evidence. Tv can be misleading.
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SSgt Benjamin Rice
SSgt Benjamin Rice
>1 y
WO1 Dean Casey - Statistics can be interpreted by the author yes, but statistical probability is based off a set value. That value was provided by live and archived poll results. The probability of one candidate receiving even a 10k+ vote dumb while all other candidates remained relatively stationary is so infinitesimally small as to be considered significant. This was the first indicator something was going on. The results I was looking at were actually live updated and archived from official polling websites, not TV. I don't watch much TV these days. Also, way to ignore the other points I brought up, which, yes, there is in fact video evidence of poll workers pulling a briefcase from under the table he was working at and unloading ballots. Any one of these SHOULD have spurred an investigation, no matter which side I was on I would want one. We MUST keep our elections from even the appearance of illegitimacy. Instead, we have the very people who should be looking at the evidence unwilling to even hear the case.

Also, sworn affidavits are considered to be enough to start an investigation and there are a number of those across multiple states and yet, no investigation.
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WO1 Dean Casey
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That is what the Nuremberg and My Li trials where about.
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LTC Raymond Buenteo
LTC Raymond Buenteo
>1 y
Not the same.
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WO1 Dean Casey
WO1 Dean Casey
>1 y
Prove it. Where is the evidence?
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WO1 Dean Casey
WO1 Dean Casey
>1 y
Check the UCMJ.
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TSgt Don Dollinger
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Obviously posted by someone who has never served. It shows your total ignorance of the integrity of the Patriots serving in your US Military. Trust me that the US military will be on the right side of history. Now take your anti Trump rhetoric somewhere else like Alt.conspiracytheories.com.
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CPT Staff Officer
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This is so far from reality folks.

When Governors start retaining their NG and combat capabilities we should start to be concerned.
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SFC Michael Hasbun
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Question 2: Are you remotely qualified to determine what is or is not an illegal or unconstitutional order?
BLUF: By the time a mission order reaches you, it's already been vetted by an ocean of military lawyers. The odds that they all missed something you caught are pretty slim.
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SFC Michael Hasbun
SFC Michael Hasbun
3 y
SFC Casey O'Mally so your premise is that Basic Training made you a constitutional law scholar?
Well, that's certainly a thought. I'm not sure it's a good one, but that didn't stop you from having it...
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SFC Casey O'Mally
SFC Casey O'Mally
3 y
SFC Michael Hasbun - No, Basic Training didn't make me a Constitutional Law scholar. And I didn't even come close to implying that, either.
I cannot speak for the other Armed Services (although I believe they are very similar), but the Army EXPECTS Soldiers OF ALL RANKS to understand the difference between a lawful and unlawful order. THAT is what they are taught in Basic Training. Obey lawful orders, don't obey unlawful ones.

Back in about 2010 (give or take a few years) the Army unveiled the "strategic corporal" recognizing that lower and lower echelons of leaders and Soldiers are having to make more and more meaningful decisions.

So.. "are your even remotely qualified to determine" a lawful order? Yes. EVERY SINGLE SOLDIER IN THE ARMY IS.
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SFC Michael Hasbun
SFC Michael Hasbun
3 y
SFC Casey O'Mally and that is an individual decision made on gut instinct, not through any specialized training or education.
Everyone has the right to refuse an order they feel is unlawful, and they also have to deal with the consequences (AKA UCMJ) when they find out the barracks lawyers were wrong.
People get kicked out every day for refusing orders they THINK are unlawful.
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SFC Casey O'Mally
SFC Casey O'Mally
3 y
SFC Michael Hasbun - At the Private - SPC level, sure. But beginning in BLC, we start teaching our leaders about legal issues in a very real and formalized sense, with increasing levels of complexity as Soldiers rise through the ranks.

And even as Private, we still teach SOME specialized legal training, i.e. the law of land warfare, EO/EEO, and sexual harassment. In my last AIT (I was a SFC, but most of my class was PVT or PV2) we had extended blocks of training on legal issues pertinent to intelligence collection, retention, and dissemination, as well as legal and illegal questioning techniques, legal and illegal collection targets, and proper reporting of illegal intelligence acts.

You characterization of "gut instinct without specialized training or education" is patently absurd. Now, it is DEFINITELY true that Soldiers WILL be faced with tough decisions for which they have NOT been specifically trained. But even then, they have a strong foundation to fall back upon, AND a JAG office to reference, when necessary.
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MSG Greg Kelly
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no I would not. But if the example of how todays military acts the way I see some behave on this site is how the winds of change have turned the military of today. We may be in trouble. We can only hope that there are enough people in the military today that have read what they are to defend The constitution
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LTC Raymond Buenteo
LTC Raymond Buenteo
>1 y
The situation is a legal one not a moral. Remember the norm is follow the order. The exception is refuse the order. You better be a legal genius and have all the info before you refuse.
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MAJ Javier Rivera
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Someone who would like to do illegal & unconstitutional stuff?
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PFC Ray Aquila
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If a sitting president was to invoke Martial Law after losing an lawful election, I personally would not in any way or form obey any order from said ex-president. The sitting president losing by Electoral votes is no longer president. He/she must, by constitutional law, VACATE immediately. He/she is no longer president. This question has to do by the Loser of the 2020 Nov. 8 elections. Trump lost not only by popular vote of over 81 million US citizens. But by a landslide of 306 Electoral College Votes. Trump, to date, has sued some 63 times to over turn the a legal election. Trump has lost 63 of those suits. There is no provisions in our US Constitution to be reinstate. There is no such animal. Trump lost. instead of Trumps continued divisions of our USA. Trump and his minions has got to move on. Of course this will never happen. Trump is a Seditionist. Trump was the cause, along with others ,manufactured the insurrection of 01/06/2021. DONALD JOHN TRUMP is a TRAITOR to the UNITED STATES OF AMERICA, and should be treated as a Traitor........PERIOD!!!!!!!!
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