Why did he comply? Was it a Army-issued cell phone? 1st Amendment applies here, imho. He should have refused the “order”, which should never have been given. the officer should be disciplined.
“1st Amendment applies here”
Does it? I’m not sure. I hope someone with a military legal background would comment as to what rights one gives up when they join the military.
Everyone knows that the 1st Ammendment doesn’t apply to the military...
Right. Illegal order. He should have refused to obey. Since he did NOT refuse to obey, he should be prosecuted for destroying evidence, and the non-com for conspiracy to destroy evidence.