The first recorded case of a United States Military officer using the “I was only following orders” defense dates back to 1799. During the War with France, Congress passed a law making it permissible to seize ships bound to any French Port.
However, when President John Adams wrote the order to authorize the U.S. Navy to do so, he wrote that Navy ships were authorized to seize any vessel bound for a French port, or traveling from a French port.
Pursuant to the President's instructions, a U.S. Navy captain seized a Danish Ship (the Flying Fish), which was en route from a French Port.
The owners of the ship sued the Navy captain in U.S. maritime court for trespass. They won, and the United States Supreme Court upheld the decision. The U.S. Supreme Court held that Navy commanders “act at their own peril” when obeying presidential orders when such orders are illegal. Or in Obama's case -- (possible) illegitimate order from a illegitimate CinC.
See more on the 1799 President John Adams case (the "Flying Fish" case) here:
Reports of cases argued and adjudged in the Supreme Court of the United States (Google Books)
hi -
I wrote you a response on the DoD orders Soldier fired thread - below comes from a related thread about other officers joining the lawsuit. The comment below refers to USSC law from the beginning of our Republic, specifically about officers following “illegal” orders.
JG
The Founding Fathers had the foresight to protect and secure against a situation such as that now facing the United States. The officer oath is a safeguard to protect the Constitution against a corrupt elected government. Officers have an obligation to defend the Constitution.
The first recorded case of a United States Military officer using the “I was only following orders” defense dates back to 1799. During the War with France, Congress passed a law making it permissible to seize ships bound to any French Port.
However, when President John Adams wrote the order to authorize the U.S. Navy to do so, he wrote that Navy ships were authorized to seize any vessel bound for a French port, or traveling from a French port.
Pursuant to the President’s instructions, a U.S. Navy captain seized a Danish Ship (the Flying Fish), which was en route from a French Port.
The owners of the ship sued the Navy captain in U.S. maritime court for trespass. They won, and the United States Supreme Court upheld the decision. The U.S. Supreme Court held that Navy commanders “act at their own peril” when obeying presidential orders when such orders are illegal. Or in Obama’s case — (possible) illegitimate order from a illegitimate CinC.
See more on the 1799 President John Adams case (the “Flying Fish” case) here:
Reports of cases argued and adjudged in the Supreme Court of the United States (Google Books)
This whole issue against Obama is really beginning to grow some legs. Add to it that Obama didn’t have the authority to revoke the Major’s deployment, had him fired, and Obama’s COLB is probably a forgery (etc., etc., etc.,), and soon he’ll be packing his bags for a move out of the White House.
You wrote-
“The Founding Fathers had the foresight to protect and secure against a situation such as that now facing the United States. The officer oath is a safeguard to protect the Constitution against a corrupt elected government. Officers have an obligation to defend the Constitution.
The first recorded case of a United States Military officer using the “I was only following orders” defense dates back to 1799. During the War with France, Congress passed a law making it permissible to seize ships bound to any French Port.
However, when President John Adams wrote the order to authorize the U.S. Navy to do so, he wrote that Navy ships were authorized to seize any vessel bound for a French port, or traveling from a French port.
Pursuant to the President’s instructions, a U.S. Navy captain seized a Danish Ship (the Flying Fish), which was en route from a French Port.
The owners of the ship sued the Navy captain in U.S. maritime court for trespass. They won, and the United States Supreme Court upheld the decision. The U.S. Supreme Court held that Navy commanders “act at their own peril” when obeying presidential orders when such orders are illegal. Or in Obama’s case — (possible) illegitimate order from a illegitimate CinC.
See more on the 1799 President John Adams case (the “Flying Fish” case) here:
Reports of cases argued and adjudged in the Supreme Court of the United States (Google Books)”