Posted on 03/28/2011 7:18:32 PM PDT by sarasmom
When there exists a situation where the specific directives of the UCMJ, and an elected CINCs orders are in direct conflict, which directive order is primary?
You don't want to know.
It’s where the senior brass need good intel. It’s also where the intel folks need reliable checks and balances.
Even some 50 years after JFK, people still don’t have all the answers surrounding the Bay of Pigs and a litany of other Kennedy related gray areas.
Read Seven Days in May, the book, not the movie. It touches on the issue.
IMHO, we’ve branched out beyond that sort of thinking. The first order of business is to identify the enemies of the Constitution molding events. IMHO, it goes way past Obama.
The rules have been changed — the CinC is black this time. To deny him certain privileges that crackers don’t get would be considered racist.
In theory, EVERY servicemember has an obligation NOT to follow an illegal order. Remember My Lai? THAT was an illegal order, however, it was still carried out and 1LT Calley took the heat for it. The soldiers who followed this illegal order were not convicted, however they were just as guilty of murder as he was.
In practice, however, political correctness and senior officers looking to make their next promotion usually let it slide. And thus, the system utterly breaks down.
I thought the Nuremberg Trials established that once and for all. A service member does not have to obey an unlawful order.
The soldiers follow it.
They ALWAYS do.
Nuremberg appealed to a higher authority. Unfortunately for those who arrogantly believe they are the highest authority, (and aren’t God) conflict is likely unavoidable. So long as we are obedient to God through faith in Christ, no adversary will prevail over His rule of us.
As the Israelites were to follow God's anointed ruler (David) over the more popular usurper Absalom - even though he raised a larger faction in his support - so we are to continue to support God's appointed ruler over us.
It does not matter one whit whether the legitimate ruler is a Prophet (like Moses), a judge (like Gideon), a king (like David), or a paper document like our constitution.
No they do not.
Please cite an example.
Watch this Marine public affairs officer discuss an illegal order.
http://www.youtube.com/watch?v=3tbp1hERZjI&feature=related
NOT ALWAYS, will they do what you stated. Many patriots still serve today.
Here’s your example.
Where do you get that idea?
Not so, even “soldiers”. Marines, Sailors, Airmen, Soldiers etc. swear an oath to the Constitution, not a person.
Watch this Marine public affairs officer discuss an illegal order.
http://www.youtube.com/watch?v=3tbp1hERZjI&feature=related
NOT ALWAYS, will they do what you stated. Many patriots still serve today.
Wesley Clark comes to mind for following unlawful orders from a president or the president’s wife re the Waco TX massacre of American citizens by the US military. There has yet to be any accountability by any government official. Hell, Clark thought he could become president after that. He ought to have been put before a firing squad along with Clinton, Reno and Lon Horiuchi of Ruby Ridge fame as well as the senators who shammed and covered for all of them.
The President is not covered by the UCMJ.
No, the UCMJ does not apply to the civilian leadership of the US Armed Forces. It is exclusively applicable to our uniformed service personal (and some US contractors under very specific conditions).
The UCMJ is statutory law, 10 USC. The president is president, not King. Therefor he cannot issue orders that contradict the UCMJ, or any other statutory law.
(I report , you deside !)
The oath:
I, (NAME), 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.
What higher authority? The victors put on a show trial of the losers and executed them. It was a.valuable propaganda exercise but I don’t think the Bible was used as the law.
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