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TomSlick

(12,714 posts)

27. An order is illegal only if it is an order to commit a crime.

Thu Sep 4, 2025, 11:48 PM

Sep 4

Individual soldiers are not expected to make close calls. If it's not clear that obedience of an order would require a criminal act, a soldier must obey. The order to deploy was not illegal. An order to walk a specific route is not illegal.

If given an unlawful order, a soldier has the duty to refuse the order but they do not have a right to desert.

The further up the rank structure, the higher the obligation to make the close calls. A commander with a Staff Judge Advocate (usually the O6 level and higher) should seek legal advise on close calls. If I was the SJA for a commander given an order to enforce civil law, I would advise, in writing, that relaying the order down the chain-of-command would be a criminal offense (two year maximum sentence) and that the statute of limitations is likely five years (by which time Trump will be gone - on way or another).

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LeftInTX

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With no end in sight, National Guard troops deployed to DC grow weary [View all] BumRushDaShow Sep 4 OP

Hopefully word spreads among the Military Bread and Circuses Sep 4 #1

It will never get to the head of the military HarryM Sep 5 #31

Ages ago, bamagal62 Sep 4 #2

The foot patrols are probably helping lower violent crime, albeit temporarily. maxsolomon Sep 4 #3

But they haven't been deployed in those areas where that is happening BumRushDaShow Sep 4 #5

Here's a Mother Jones article which backs up what you're saying BaronChocula Sep 4 #6

Thanks! BumRushDaShow Sep 4 #7

They could stroll over to the whitehouse Captain Zero Sep 4 #16

If I had a dime for every time I thought that BaronChocula Sep 4 #24

If ya need something to do and can't figure out what that is, BidenRocks Sep 4 #28

Not surprised. maxsolomon Sep 4 #9

My mom had gone to Howard her first 2 years of college in the early '50s BumRushDaShow Sep 4 #10

Their Governors bent the knee to Trump. If they voted bronxiteforever Sep 4 #4

What about Los Angeles, California? Hekate Sep 4 #20

Their Governor is fighting it in court bronxiteforever Sep 5 #35

Screw them angrychair Sep 4 #8

What do you mean by go home? Do you mean to go AWOL and desert? reACTIONary Sep 4 #12

The issues has been made clear angrychair Sep 4 #14

That's your opinion... It may even be OUR opinion... reACTIONary Sep 4 #15

I saw the lawsuit angrychair Sep 4 #18

The dc attorney general an elected position, independent of the mayor.... reACTIONary Sep 4 #19

An order is illegal only if it is an order to commit a crime. TomSlick Sep 4 #27

Except that James48 Sep 5 #29

The Posse Comitatus Act is based on command responsibility. TomSlick Sep 5 #37

Thanks for the explanation. LeftInTX Sep 5 #36

They are National Guard, not Trump's personal thugs in ICE. They help in national disasters... Hekate Sep 4 #21

Everyone has choices angrychair Sep 4 #25

Then aim your blame to the leaders actually responsible Hekate Sep 4 #26

Optics ... thats all that matters to president bonespurs IcyPeas Sep 4 #11

They are not there to deal with crime AverageOldGuy Sep 4 #13

Hopefully Rebl2 Sep 4 #17

They decide to not re-up, in that case, and is already happening. That's a major diff from going AWOL. Hekate Sep 4 #22

Any time you see one in action shout "Is this what you signed up for?" . . . . nt Bernardo de La Paz Sep 5 #33

I feel bad for those soldiers who didn't vote for the Orange assclown, as for the MAGAssclown soldiers who did.... Crowman2009 Sep 4 #23

Be discreet MadMike47 Sep 5 #30

Shout at Nat Guards: "Is this what you signed up for? Is this a good use of your time and body?" . . . . nt Bernardo de La Paz Sep 5 #32

Unless you are trained as a MP Woodwizard Sep 5 #34