What is their recourse if he continues to refuse? A Court Martial, which will open up discovery? Hmmmmm?
His superiors?
I would assume his commanding officer.
What is their recourse if he continues to refuse?
Court martial for violation of several of the punitive articles of the UCMJ. Followed by dismissal from the service if convicted, loss of pension, possibly time in Leavenworth.
...What is their recourse if he continues to refuse?
Discovery of what? He's going to be charged with disobeying orders of his commanding officer or some other officer in the chain-of-command, missing movement, and probably some other UCMJ violations as well. What's going to be uncovered in that?
From the article:
They think that by using [servicemembers in a court-martial] they can get discovery like you could in any criminal prosecution, he said. That aint gonna happen. Theyre not going to have discovery where theyre going to get the president to produce a birth certificate because, Im reasonably certain, no military judge, no appellate court and no federal court, and no U.S. Supreme Court is going to say they have a right to get that as a matter of discovery.
That's the $64,000 question.