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To: Mr Rogers
"As a rule of thumb, if the 4-star on down to the O-6 thinks it is a legal order, the LTC is expected to trust their judgment."

Really? I'd love to see a source for that little nugget.
45 posted on 04/22/2010 5:45:45 PM PDT by JoSixChip (You think your having a bad day?.....Somewhere out there is a Mr. Pelosi!)
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To: JoSixChip
“As a rule of thumb, if the 4-star on down to the O-6 thinks it is a legal order, the LTC is expected to trust their judgment.”

Really? I'd love to see a source for that little nugget.”

The Manual for Courts Martial states: “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.“

Basically, if you can't point to a specific illegal outcome intended by the specific order you received, you are presumed to have violated a lawful order. It goes on to add: “...the dictates of a person’s conscience, religion, or personal philosophy cannot justify or excuse the disobedience of an otherwise lawful order.”

Lakin is basically asking the judge to determine that the line officers in question did not have authority to issue the orders he received because he has personal doubts about Obama’s birth. That's going to be a total nonstarter.

50 posted on 04/22/2010 6:02:39 PM PDT by tired_old_conservative
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To: JoSixChip

“I’d love to see a source for that little nugget.”

25 years in the USAF, son of a USAF officer with 27 years in when he died, father of two kids who enlisted (Marines and Army) with a son-in-law who was in the Marines.

Is it a just war? If you are in the military, you are expected to trust the national leadership - the President and Congress - not to get involved in an unjust war. They have access to more info than you do.

Is it a legal target for attack? If it comes down in the ATO, you assume it is. It isn’t your job to vet every target.

Is it legal to obey orders with Obama as President? If it isn’t, the entire military would cease to exist immediately...so you need to trust the states, voters, Congress and courts. Let someone else fight that fight, or resign your commission. But it isn’t his place to determine if the President is the President. It is outside his jurisdiction.

Just IMHO...but I’ll be the Board will take the same approach.


54 posted on 04/22/2010 6:21:49 PM PDT by Mr Rogers
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To: JoSixChip

Pretty disgusting and oh so telling that the Traitor in the White House is allowing a true Patriot to be prosecuted all the while the Traitor in the White House essentially arranged for the murdering Muslim Traitor in Texas to basically go free.!! Yup, now that’s allegiance to everything NOT American.!! CO


465 posted on 04/26/2010 1:44:54 PM PDT by Canadian Outrage (Conservatism is to a country what medicine is to a wound - HEALING!!)
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