Do you know that for a fact? Has the Gunny ever even looked at it? I doubt it but even if he could quote it Article by Article, if Obama is legal is not the call of someone in uniform. The job is to follow legal orders --- period.
If the One is legally CiC is not a military man's decision. A soldiers oath is to follow legal orders and not to interpret the constitution or investigate the background of civil leaders. If Obama is shown to be inneligable, it would be a political process to address that, but the military should stay the hell away from it.
Barracks lawyers are not a good thing.
Hey buddy,Gunny is a civialian now and has been since he retired out of the Corps back in the seventies.Where does your doubt come from concerning the Gunnys understanding of the Constitution?He was also sworn(as well as those currently serving) to serve and defend the Constitution against all enemies foreign and DOMESTIC.Since the civilian gubmint of which you speak so highly of wont investigate the eligibility maybe the military should.Have a nice evening.
That’s what the defendants said at Nuremberg.
My oath had nothing in it about obeying orders. Just "support and defend" and "execute the duties of the office". Neither did that of Major Cook.
Besides, what are legal orders? Who decides?
Since I gave the briefing, back in the day, I'll tell you. The individual does, no one is going to say "this is an illegal order and you should not obey it" and even if someone does say that, you still have to decide if it's true. Of course you'd best be very certain of your conclusion. Because whichever way you decide, you are responsible, under the law, including the UCMJ, for that decision. Obeying an unlawful order is itself unlawful. "I was just following orders" is not an excuse.