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this post was submitted on 20 Nov 2025
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Global News
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While I know you are all good intelligent people who source your info before posting, I JUST had this argument with some people and figured I'd copy paste the literal facts for your easy consumption. Shout it far and wide, everyone.
I'm gonna edit this to include the oath, and then include the segment of the Code of Military Justice. 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.
10 U.S.C. § 892 (Article 92 – Failure to obey order or regulation) “Any person subject to this chapter who— (1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.”
Now two points. 1) Which comes first in the oath, the Constitution or the President? 2) Point ONE in the Uniform code says and I repeat 'violates or fails to obey any LAWFUL general order.
Per the same Uniform Code of Military Justice all orders are lawful until military court deems them unlawful.
Only military court can determine the order to be illegal and until that determination is made months later the military can apply all the sactions against you (no pay, solitary confinment, loss of rank, etc.). Following orders even illegal ones is also an affimative defense for any crimes. It's all by design as US learned from Nuremberg trials.
I'd like for you to point that part out, as the only other reference is here:
From the commentary/guidance for Article 92:
“An order is presumed lawful. … A general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders …”
Again, order can be ruled illegal later, but until the military court makes that determination, you will be held in breach of UCMJ for refusing to obey an order.
If you have some time listen to https://youtu.be/TwPLqGkYnBA where an actual JAG explains it better than I can.
So the Nuremburg trials still hold fast as an example here. A soldier can make the determination to undergo potential courtmartial, or he can avoid the death squad. I know which one I'd pick. We don't have mindless soldiers in our military.
If an order violates the law, they are wise to disobey, just as I said.
No matter who you are or what the situation is, the 'right thing' just might come with a price, and a good person is simply willing to pay it.