I don’t think you can be charged for stating that you will refuse to follow unlawful orders.
There has to be a lot more than that.
“I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”And here's the Officer's Oath:
“I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.”An enlisted man swears to follow the order of his commander in chief according to the regulations and the Uniform Code of Military Justice, after swearing to protect and defend the Constitution and bear true faith and allegiance to the same.
This requires an enlisted man to not follow any orders that would be unlawful or cause him to violate that oath.
An officer never swears to follow the orders of the CINC, but, that after swearing the same oath regarding the Constitution, that they will well and faithfully discharge the duties of the office upon which they are about to enter.
The issue with this Marine I believe is not what he has said, for he has simply said what his oath and the Uniform Code of Military Justice already require, that the orders be constitutional and lawful.
The problem they have with him is that he is being so public about it, has started his own Tea Party within the military, and they are concerned about good order and group cohesion as a result.
I likedhis group on Facebook and posted there, applauding his statements, pointing him to OathKeepers, and advising him to watch his six and his top knot.
And you are wrong. Period. You cannot, I repeat CANNOT make comments like that towards any superior or the commander in chief, regardless of how much you like or dislike him. I had Jimmy Carter, but had to keep my mouth shut. He should have known better. Simple as that. Stupid.
“I don’t think you can be charged for stating that you will refuse to follow unlawful orders.
There has to be a lot more than that.”
You should be charged & dismissed for either stating otherwise or following unlawful orders. Any traitor among the ranks willing to follow unlawful orders must be rooted out and removed BEFORE they are given the chance.