Discussion»Statements»Rosie's Corner» If prez Trump gives orders that are insane/crazy what are the obligations of the people he orders to carry them out? Can they refuse?
The military can refuse to obey an illegal order without fear of retribution. I would imagine that non-military who are given an order by a president that they feel is illegal can do the same, but there may be consequences.
They have none Rosie. That doesn't mean however, that such an order wouldn't or couldn't be carried out.
Oliver North broke his oath (The Uniform Code of Military Justice) when he did the old gun running thing for Reagan. He did it because it was a presidential order but was told outright by Daniel Inouye that he had broken the oath he took on entering the armed services. This is because the UCMJ specifically states that in order for an order to be an order, it has to be legal. No order may be followed if it is known to be illegal.
Now, we all know the love many politicians and business people have for 'legal' when 'legal' doesn't suit them. Therein lies the problem - the possibility of another Lt Col North.
I suppose it really depends on who receives the order, but there is no legal requirement for people in the US to obey a presidential decree or order unless it is both constitutional and legal.
That is very good to know. I wonder if THEY know? Thank you for your thoughtful, helpful and informative reply MrWitch and Happy Martin Luther King Jr Day Monday to you! :)
It's down to the Neurenburg Trials after WW2 Rosie. As you will know, lots of (mostly German) people were executed as a result and for the majority of these the defence of 'I was following orders' was rejected outright.
With sound common sense, the US decided that it couldn't hang foreign nationals then offer the same defence should it find itself in an imaginary dock sometime in the future. So the US made sure 'I was following orders' was removed as a possible excuse for illegal activity. A thoroughly sound idea - if only subsequent administrations had acted as sensibly.
If only. We are now stuck in entracte. The interval between the vestiges of reality (Obama) and the onslaught of God knows what. How do we we prepare for it? Thank you for reply MrWitch. We shall overcome. Or die trying! :(!
SpunkySenior 