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Capt Richard I P.
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Edited 9 y ago
The oath is to support and defend the constitution. Officers swear no oath to obey whatsoever, and enlisted folks' oath to obey is contingent on the lawfulness of the orders.

If the orders from any officer or executive are unconstitutional it is incumbent upon every member of the military to clarify, refuse and report the order.
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SSG Warren Swan
SSG Warren Swan
9 y
Sir, this is a situation where I might know what you want is wrong, but you outranking me makes it "right". So in refusing you and your orders, I've just opened myself to loss of rank and career. Now take this higher and look at Abu Graib, and Mai Lai. All the senior members of both incidents got reprimands, loss of a star and retired. The NCO's and JE's paid a heavy price. Mai Lai 14 officers are indicted...the 1LT is doing the time. Folks from higher have an "escape clause" where you or I don't have that. You get your order, you pass it down, and it might seem wrong to both of us, so you ask for clarification. In that clarification it's mentioned how important this task is, who approved it above them, and the lawyers cleared it. We do the job, thinking we were in the right. Seven days later, all of us are apprehended and face a courts martial. Disobeying an unlawful order has a price, just as following an unlawful one does.
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Capt Richard I P.
Capt Richard I P.
9 y
SSG Warren Swan Agreed! No matter how we work at it rank always hath its privileges. One of those privileges is reduced exposure to punishment. That said Your final two sentences were completely on point, obeying or disobeying an unlawful order both have their price, it is our task to determine which price is higher and to act accordingly.
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SSgt Robert Jorgensen
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There is an old Japanese Proverb that states - Shit rolls downhill - this has been proven many times in the military. Enlist gets caught and convicted - jail/brig, forfeiting pay , less then honorable or dishonorable discharge. Officer depending on who and branch - quietly goes away with retirement, possible reduction in grade with retirement. Very seldom unless it is political does the officer get jail/brig time.
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CPT Platoon Leader
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I am not supporting or condoning any candididiot, but I would like you thoughts one the response from the GOP debate that Drumpf gave when asked about this.

(the following is the whole GOP debate, starting at this question)
https://youtu.be/Uj8DNhxaWgw?t=2730
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