bullshit, you are wrong wrong wrong, no order is presumptively legal.
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After more than thirty years in the military, let me just say to any service member, you disobey a military order at your personal peril. Now, you can take that anyway you want to, but it is essentially a presumption of legality. The military could not operate otherwise.
“After more than thirty years in the military, let me just say to any service member, you disobey a military order at your personal peril.”
Well, I only spent 25 years in. On two occasions, I told my commander to run his order past legal. And if they said it was legal, I’d obey. Both times my CO backed down, although he was pissed and took revenge later.
On a third occasion, I was told I’d be given an Article 15 if I didn’t comply. I said I preferred a court martial. That commander backed down, too. There weren’t any consequences to me that time since HIS commander heard about it, and my CO had “consequences”.
There are people who will give illegal orders. You need to know what you are doing if you refuse, and yes, there can be consequences that have nothing to do with the UCMJ if you refuse. But I had no regrets.
I am a former JAG officer