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this post was submitted on 14 Jan 2024
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I would be more comfortable if the US actually had law that said US military officers weren't obligated to follow orders they know to be illegal. Germany has that post WW2, but technically in the US you can be punished, maybe even imprisoned, for not following a dictator's orders.
That's not true at all. Following an unlawful order is illegal and not a valid excuse.
The officer oath is to support the and defend the constitution against all enemies foreign and domestic.
Article 92 of the Uniform Code of Military Justice (aka disobeying a direct order) spells out that it only applies to lawful orders.
Anything illegal is non binding, and stating you're following an order is not an excuse. That's literally one of the rules of the Geneva convention.
All that to say, not at all true. What I really would expect if Trump tried pulling this off with the military is a huge amount of resistance and pushback and no one in command really following the illegal orders.
There might be some schism group of crazies who try and jump the chain of command because they're MAGA crazies in the military, but it's definitely a small minority.
The US Military is a volunteer force, the officer corps has been taught and studied the history of these type of bad orders and crazy situations extensively. The NCO corps and rest of the enlisted are not ignorant bumpkins who are ignorant of their jobs and their duty to the constitution.
I don't think it really "isn't true at all". While I agree with you, by and large the US military are very competent and truly patriotic, you yourself mention a "schism group of crazies" who would circumvent things. I don't think it's likely they would take over comprehensively, but I worry that the possibility of some critical mass succeeding is there.
I think the US is far more likely to wrangle around what a "lawful order" is than many other countries.
My experience is only anecdotal, but while I served in the USAF, I saw and expected officers and enlisted personnel to uphold integrity first and excellence in all we do. I did not meet anyone who didn't take their oath seriously or those who would put politics before country. Also the political spectrum I met while enlisted was very broad and I personally doubt the caliber of men and women truly needed to overthrow the government would be on board with the plan due to how seriously we take our oath.
Their oath is to Commander-in-Chief. What are they going to do with placed Pentagon lawyers declaring lawful orders like Gitmo torture.