Yes you can refuse illegal orders. But you better damn well have all your ducks in a row. Of course it’s easy for Congesscritters to encourage other people to do so. They don’t have to meet a mutiny charge.
18 U.S. Code § 2387 - Activities affecting armed forces
(a)Whoever, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States:
(1)advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or
(2)distributes or attempts to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States—
Shall be fined under this title or imprisoned not more than ten years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
(b)For the purposes of this section, the term “military or naval forces of the United States” includes the Army of the United States, the Navy, Air Force, Marine Corps, Coast Guard, Navy Reserve, Marine Corps Reserve, and Coast Guard Reserve of the United States; and, when any merchant vessel is commissioned in the Navy or is in the service of the Army or the Navy, includes the master, officers, and crew of such vessel.
https://www.law.cornell.edu/uscode/text/18/2387
Bimp
As I posted about yesterday, this video may do something else. It may trigger the fevered minds of Anifa and other progressive brownshirts to believe all military personnel are carrying out illegal orders of Trump. In their minds, this would make our military valid targets for violence.
We should give “the six” half credit for telling the “half truth,” then completely excoriate and berate for their inference that illegal orders have or will be given by DJT.
They constantly hide behind their Constitutionally protected rights when they spew their garbage about using the National Guard “illegally” or attacking “innocent recreational boaters without due process.”
Yeah, we know they intended with their comments. They might be a little too clever by half . . .
What they did/said was not illegal as there was no specific order they could point out that was illegal.
And, what they said was “basically” true: Troops are not obligated to follow illegal orders. This is something they are trained on.
That said, what they said was stupid and could be interpreted incorrectly by some stupid private. THAT would get the private in trouble.
It’s just another troll, and Trump bought into it. Again.
His response should have been, “I don’t give illegal orders. And if I did, the troops have an obligation to not follow them. Not sure what the drama is all about.”
This is not sedition. Or treason. It’s just stupid trolling.
But they can't be prosecuted for it.
The class was about "illegal orders". For an hour or more he spoke at length about soldiers not being required to follow illegal...or unlawful (can't recall which word he used)...orders.
However,the strange and confusing thing about his talk was that he never gave us a single example of an illegal order. In fact he never came within 100 miles of giving us an example of one.
you cut=you could cut