Good thinking .... My answer to the question is that all orders received from a superior are legitimate until proven otherwise.
Lakin should have obeyed his orders.
>Good thinking ....
Thank you; though from some of the comments thereon you would think I was spouting gibberish.
>My answer to the question is that all orders received from a superior are legitimate until proven otherwise.
That’s almost what Judge Lind said; only she went a step further and declared that, basically, any order that can be presumed to be lawful is lawful.
If that is so, then no soldier can *EVER* question [or request clarification of] their orders [or the legitimacy thereof] w/o being insubordinate.
I cannot condone such an assertion as Judge Lind made: it is then far, far too easy to have the troops committing legally-questionable/grey-area actions and then entrap them by declaring that the shade was a bit too dark and it was actually an illegal action. {Martial law would be an extreme test of this; but, despite what people say martial-law CANNOT suspend the Constitution as the Constitution being the highest law of the land, makes no case wherein it may be suspended... in fact, to so order the suspension of the Constitution would, IMO, be authorization for the armed forces to kill* the issuer of such orders.}
*Being a former enlistee, my oath was to the Constitution first and foremost. [ https://docs.google.com/Doc?docid=0ATyjMtQJe7iWZHY2OTh0bV8yNWM3YjM1Y2M5&hl=en ]