[edge919]

The lawfulness of a military order is a matter of law for the MJ to decide.

It can also be an essential element that can be presented for a jury to decide. Either way, an accused is still supposed to be able to challenge lawfulness in the trial.

[OldDeckHand]

"It can also be an essential element that can be presented for a jury to decide."

Good grief. NO IT CAN'T. You're entitled to your own opinion, but stop making crap up.

The Issue of lawfulness of an order is not an element decided by the court-martial members.

U.S. v. Deicher, 61 M.J. 313 (C.A.A.F. 2005) citing U.S. v New, 55 M.J. 95, 105 (C.A.A.F. 2001)

Do you understand the difference between matters of law, and matters of fact?