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To: joe fonebone

When a soldier, silor, airman or marine is LAWFULLY ordered to deploy, you deploy. Isn’t that what you meant? Or do you want to cast aside the rule of law, throw out Article 92?

It’s crazy that Lakin would even stand a chance of being found guilty of an Article 92 violation, because Article 92 is exactly what protects military personnel from being charged when they refuse to obey UNLAWFUL orders. Article 92 is a standard that cuts both ways. It cannot be used to punish somebody for disobeying UNLAWFUL orders.

It’s an if-then. If the order is lawful, it must be obeyed. If it’s not lawful, it must be disobeyed. If it’s not known whether it is lawful or not, what I’ve been told is supposed to happen is the order is obeyed and a request is made to clarify the lawfulness of the orders.

Lakin did that. The military refused to investigate the lawfulness of the orders. Lakin has done what he was supposed to do in this context. To find him guilty would be unconscionable.

If “the President” isn’t the one using force, then it’s somebody who is not authorized to use force, because Congress only gave that authorization to “the President”. The lawfulness of all those orders by lower officers depends on whether force was authorized by a valid President.


227 posted on 12/03/2010 6:22:09 AM PST by butterdezillion
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To: butterdezillion

see my previous post, and head on over the DU, where you belong, troll


257 posted on 12/04/2010 11:35:28 AM PST by joe fonebone (The House has oversight of the Judiciary...why are the rogue judges not being impeached?)
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To: butterdezillion

I’m late to this thread because I could hardly stand to read it.

Did that creep apologize to you?


359 posted on 12/04/2010 8:35:32 PM PST by little jeremiah (Courage is not simply one of virtues, but the form of every virtue at the testing point.CSLewis)
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