Note I said "sane" judge. The chain of logic is simple. Did officer disobey and order?? Yes...Was the order legal??...If Obama fails the Constitutional test, no.
And the definition of a "sane" judge is someone who agrees with you on every point, is that it?
Did officer disobey and order?? Yes...Was the order legal??...If Obama fails the Constitutional test, no.
By your definition every single order given by any officer or non-commissioned officer in every branch of the military has been illegal. So everyone should be refusing to follow any order at all.