Note: a female National Guard member has been killed in the line of duty in the president’s program of sending troops into Washington D.C. The following is not directly about that, other than his policies in that regard are questionable. But she was doing her duty and we have to appreciate that and mourn her loss and the grief it has caused her family.
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As much as I don’t care for President Trump’s manner and most of his policies and politics and his questionable use of the military, it seems plain to me that the Democratic Party members who issued the video advising members of the military that they could refuse, and, in fact, are duty-bound to refuse illegal orders, were engaging in dangerous politics. It is clear they were trying to put pressure on Trump and maybe create a resistance within the military to his policies.
While technically a military member is not required to follow illegal orders, and maybe in some limited cases is duty-bound not to follow them, anyone who decides to disobey faces legal peril.
The following paragraph from a Wall Street Journal editorial expresses the situation well:
The law is clear that service members can disobey illegal orders. What often isn’t clear is whether an order is, in fact, illegal. This ambiguity leaves service members in a difficult position because under the Manual for Courts-Martial, all incentives point toward obedience.
I remember a class on the subject of the Uniform Code of Military Justice during my army basic training at Fort Lewis, Wa. In 1968. An officer told us that we are not required to follow illegal orders. But if you decide an order is illegal, a court-martial might decide otherwise, and you would be in trouble. I don’t recall the example he gave, but maybe something such as summary execution of prisoners, something that on its face seems illegal (and maybe always is). Whatever, you better be right, or you are in trouble.
I was fortunate in that I was not sent to the then ongoing war in Vietnam. There was much division in the nation over that war (as much as there is today over other things, as I recall). But it would not have been right then for opposing politicians and public figures to urge members of the military to disobey orders. Instead of putting the onus on individual troops, they would have and would now do better to take the initiative and use their own power to change policy.
Three years in the military was more than enough for me. I’m not meant for that way of life. But the fact is an effective military is necessary for our defense, and an effective military depends upon discipline. You just can’t have individual troops deciding which orders to follow.
Yes, there are exceptions. One that comes to mind is the helicopter pilot I read about that intervened in the infamous Mai Lai massacre of civilians during the Vietnam War – although not before as many as 500 unarmed civilians, including women and children and elderly people, were gunned down under orders from the high command (which they tried to cover up). Indirectly, one could say, the helicopter pilot was violating orders by bringing a stop to the carnage. (Some may question my abbreviated description – okay look it up, it won’t be prettier).
Right now, it is up to congress to assert its power. It is also up to voters to take some responsibility in their decisions at the ballot box.
Posted by Tony Walther