Quote:
Originally posted by Webby
theking:
I can't be bothered .. but a parting comment :-)
SO... An OATH is expected to do "whatever" and "whenever" whether this is a criminal or not and over which the "oathee" has no say?? Excuse me... but that is too close to the Third Reich for me!!
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No individual has a say as to what law is legal or illegal. A soldier is required to obey all lawful orders and is not allowed to be the determiner of what is legal and what is not legal. The law makers make the laws and the courts determine if the law is a legal law within the boundaries of the Constitution. If a soldier makes the decision to disobey an order based upon his considered opinion that the order is an unlawful order he damned well better be right or the military convening power will punish him for refusing to obey an order. If it is determined that the soldier was issued an unlawful order the issuer of the order will then become the focus and will receive whatever punishment is deemed to be approiate.