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To: r9etb
"It is NOT up to this soldier to decide what orders he is or is not going to follow"

The Uniform Code of Military Justice (UCMJ) 809.ART.90 (20), makes it clear that military personnel need to obey the "lawful command of his superior officer," 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order". In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ.

The essential attributes of a lawful order include: (1) issuance by competent authority -- a person authorized by applicable law to give such an order; (2)communication of words that express a specific mandate to do or not do a specific act; and (3)relationship of the mandate to a military duty. [T]he accused may challenge an order on the grounds that it would require the recipient to perform an illegal act or that it conflicts with that person‘s statutory or constitutional rights.“ United States v. Deisher, 61 M.J. 313, 317(2005)"

21 posted on 07/14/2009 4:13:38 PM PDT by Natural Law
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To: Natural Law

it was posted on another thread that Cook’s orders had been revoked. Stay tuned for confirmation


22 posted on 07/14/2009 4:17:02 PM PDT by RummyChick
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To: Natural Law
In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders.

Are you suggesting that our presence in Afghanistan and the prosecution of the war therein is Unlawful?

40 posted on 07/14/2009 4:42:19 PM PDT by r9etb
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