“Are you saying that the prosecution does not have to prove the elements of the charges? I just don’t agree.”
No, what I’m saying is that once the prosecution establishes that the order was given by his commander, the order is presumed to be lawful. The other element is that he disobeyed/failed to obey the lawful order. If he has a reason, that’s an affirmative defense, which he (the accused) will have to prove.
Colonel, USAFR
ps - thanks for your service.