Unlawful, illegal. You're right but it really is semantics.
Hyten is one of the better stratcom commanders in recent history, and was pretty much set up by the media and by one of his predecessors. Gen (ret) Bob Kehler, not the sharpest spoon in the drawer, who fell into a rhetorical trap set by a dem congressman during recent testimony.
If there is a nuclear threat, the stratcom commander is on the phone with POTUS (or GEOTUS [snicker]) and other seniors and they decide what to do. Lawfully, and very quickly.
I agree with a previous poster that said the best answer would have been, "The Commander in Chief wouldn't issue an unlawful order."
With all respect FReegards,
Kit
When you are telling your boss that he is about to step on his...er.. a sensitive part of his anatomy it is all about linguistics.
Paying attention to small details and being very courteous is the best way to ensure that your advise is followed and you don't end up in a position where you can do nothing to influencing the outcome.
Remember you are, at this point, giving legal and political advice to someone who does not have to listen to you.
If you have risen to the political office of four star General, and all Generals are political animals, he should be able to respond properly even if he was ambushed.
In fact he should be able to smell a political ambush six miles away.
So that does concern me a bit.
Still, nothing I can do about it.