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Six Democrats urge military members to 'refuse illegal orders' in viral video; Hegseth responds

RDKirk

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hedrick

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The military is not going to prosecute them for following an order that the government's lawyers had determined at the time was a valid military operation. That's not murder.

William Calley committed an act that had already been designated as criminal under US law.
The standard is patently illegal. I would suggest that an example would be to fire on peaceful protestors. You’d hope this is impossible, but there are reasons for concern. https://www.cnn.com/2025/03/13/us/protests-legal-illegal-constitution-trump The most plausible situation would be a quickly developing one where lawyers didnt review it. Probably the Secretary of Defense or some layer of officer would not pass it on, but I’m less confident of that now than in Trump’s first term.
 
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RDKirk

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Let me make a general statement here about military law:

Military justice is not philosophical. Military justice is about control of military forces. That's why things that are not crimes in the civilian community are crimes in the military. If philosophical justice happens in military law, that's merely coincidental.
 
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RDKirk

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The standard is patently illegal. I would suggest that an example would be to fire on peaceful protestors. You’d hope this is impossible, but there are reasons for concern. https://www.cnn.com/2025/03/13/us/protests-legal-illegal-constitution-trump The most plausible situation would be an ongoing onecwhere lawyets didnt review it. Probably the Secretary of Defense or some layer of officer would not pass it on, but I’m less confident of that now than in Trump’s first term.
Trump’s defenders acknowledge it’s not entirely clear how he intends to define “illegal protest.” And the White House has not responded to CNN’s requests for specifics on what protests it would classify as illegal.

So, let's see if Trump's lawyers can come up with a novel way to designate peaceful protests as illegal.

And let's see if they come up with a novel way to order the military to prevent those "illegal protests."

And in the meantime, let's see if our brave and bold elected members of Congress take any actions to prevent that from happening in the first place so that it doesn't have to rest on the moral courage of some Generation Z National Guard corporal.
 
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Yarddog

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That is clearly for police officers, not for military operations.
Military personnel take an oath to the Constitution. It is also for military operations. Of course, they also have rules of engagement, which are far stricter than what police officers are supposed to follow.

You seem not to understand how this works.
I understand death. What military rule allows the military to kill civilians. There is nothing in the videos supplied to the public which shows any attempt to stop or disable the boats without killing the occupants. It has also not been provided to Congress.
 
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RDKirk

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Military personnel take an oath to the Constitution. It is also for military operations. Of course, they also have rules of engagement, which are far stricter than what police officers are supposed to follow.
Military personnel do not have the authority to interpret the Constitution, however.
No military court is going to rule a presidential order as "unconstitutional."
That's never going to happen.
That is out of their jurisdictional wheelhouse.

I understand death. What military rule allows the military to kill civilians. There is nothing in the videos supplied to the public which shows any attempt to stop or disable the boats without killing the occupants. It has also not been provided to Congress.
The military kills civilians all the time. What are you talking about?
 
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Yarddog

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Military personnel do not have the authority to interpret the Constitution, however.
No military court is going to rule a presidential order as "unconstitutional."
That's never going to happen.
That is out of their jurisdictional wheelhouse.
Not if those Constitutional amendments had already been explained by SCOTUS.
The military kills civilians all the time. What are you talking about?
Then you admit that the US military ignores the Geneva Convention and are guilty of war crimes.
 
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