What if your Captain was Hasan, and he ordered you to join him in shooting to kill whoever was waiting in line at the Ft. Hood clinic? Or if you were in Afhanistan/Iraq and your captain ordered you to shoot 3 civilians who he suspected, without any proof, set an IED that killed your comrades?
Would you have to follow those orders? Would you be court martialed if you refused? Those would be, after all, illegal orders, albeit given by your commanding officer.
So, if you believe the CinC is not serving in that capacity Constitutionally, and is giving orders for tens of thousands of US troops, including yourself, to go into harm’s way, and is refusing to prove his eligibility to hold that office and to issue those orders, why are you not within your rights to refuse the orders until the proof is provided that the CinC who issues those orders holds his position with constitutional authority?
I agree that Lakin is in deep kimchi here but he knew what he was doing when he refused orders and was willing to suffer the consequences. And I fear he was not properly advised about what would and would not be allowed as evidence at his court martial.
A CinC of any honor whatsoever would have made his proof of eligibility public long ago, instead of having a number of dedicated soldiers risk their military careers in questioning that authority. Lakin, at least, has the advantage of being able to return to private surgical practice when this is over.
But, in my unqualified position, I would say that your example of Hasan is ludicrous and I would have notified MPs and my chain of command of his erratic remarks. This is what we are ordered to do.
If my Captain ordered me to shoot three people in combat for any reason they would be hamburger 1.6 seconds later. There is no room for questioning command orders in combat. BTW, there is no distinction between ‘civilians’ and ‘combatants’ in Iraq. They are one and the same.
I can only speak from a soldier's point of view. As far as the legalities, that is not my MOS.
I don't know about his honor, but Obama did that. During the campaign.