[mbynack]

Basically boils down to, “was he ordered to go”, and “did he go”. That’s all the UCMJ requires the prosecution to prove. Any mitigating circumstances aren’t considered until sentencing.

[gogogodzilla]

I’d say that his entire case was based around whether he really was actually ‘ordered to go’ by anyone with the authority to order him.

JoeBob in East Canuckistan doesn’t have the authority to issue military orders... does Obama?

[Yet_Again]

Basically boils down to, “was he ordered to go”, and “did he go”. That’s all the UCMJ requires the prosecution to prove. Any mitigating circumstances aren’t considered until sentencing.

So what you're saying is that all military personnel who disobey unlawful orders will be found guilty of disobeying orders and go to prison...and whether or not the order was unlawful only affects how long the stay there.