But he gave the order to Lakin to deploy with his unit. What made the brigade commander's order illegal?
Your claim is that the legitimacy of the order is dependent on every member in the chain of command being eligible. Why? What article of the UCMJ, what court decision, what federal statute supports that claim? The fact of the matter is that Obama could be found ineligible and removed from office tomorrow, and Lakin would still be guilty of refusing to obey the lawful order of his brigade commander and of missing movement.
Thats nonsense, if Obama was found ineligible. His orders to deploy need not be obeyed. If fact, probably SHOULD NOT be obeyed. This is a basic cornerstone of Nurnberg. No obligation whatsoever to follow illegal orders.
A brigade commander has no legal authority to attack a country. He only can do so upon the orders of the CIC, who does possess war-fighting powers. If the CIC is illegal,, the commanders orders are void.
It is called the fruit of the poison tree. It is found in search and seizure issues. It’s a legal concept widely defended in our law.
It’s rather extremist to suggest that a soldier being ordered to his possible death, cannot challenge the legitimacy of those who demand it.
He is brave enough to ask for mere proof, and risk consequences. His coward leaders should be as brave as he.