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To: philman_36
"Really?! Hmmmm...While I know that they're not you, what with your purported wealth of knowledge and/or experience... '

the relevance of what you posted with respect to what I said, is a mystery. But hey, don't take my word for it. This is what the Manuel for Courts-Martial says about an orders presumptive lawfulness, and a a service members obligation to follow it...

Disobeying superior commissioned officer.

(a) Lawfulness of the order.

(i) Inference of lawfulness. An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the peril of the subordinate. This inference does not apply to a patently illegal order, such as one that directs the commission of a crime.
(ii) Determination of lawfulness. The lawfulness of an order is a question of law to be determined by the military judge.
(iii) Authority of issuing officer. The commissioned officer issuing the order must have authority to give such an order. Authorization may be based on law, regulation, or custom of the service.
(iv) Relationship to military duty. The order must relate to military duty, which includes all activities reasonably necessary to accomplish a military mission, or safeguard or promote the morale, discipline, and usefulness of members of a command and directly connected with the maintenance of good order in the service. The order may not, without such a valid military purpose, interfere with private rights or personal affairs. However, the dictates of a person’s conscience, religion, or personal philosophy cannot justify or excuse the disobedience of an otherwise lawful order. Disobedience of an order which has for its sole object the attainment of some private end, or which is given for the sole purpose of increasing the penalty for an offense which it is expected the accused may commit, is not punishable under this article.
( v ) Relationship to your Constitutional Rights.
The order must not conflict with the statutory or constitutional rights of the person receiving the order.

Note that a service member may question an order if it possibly violates hisconstitutional rights. That is NOT license to question order if they violate the Constition. It is a BIG distinction.
91 posted on 05/20/2010 1:38:24 PM PDT by OldDeckHand
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To: OldDeckHand
The lawfulness of an order is a question of law to be determined by the military judge.
And you've already sat in judgment despite not being a judge! Good show! You really know what you're doing.
103 posted on 05/20/2010 1:56:42 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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