I think history will judge not just Trump but this SCOTUS harshly.It appears that they have no idea what they're talking about. I know -- shocking.
Yes, a military person can refuse a direct order if they believe it is unlawful. If they are later court martialed for it, they are liable if they were wrong. But they indeed CAN refuse a direct order if they believe it is unlawful. Fact.
No, no one is saying that Trump has issued any unlawful orders. That, of course, is not the point. That's not what the people in the PSA are saying. So that's just a weak, transparent straw man the Trumpsters are trying to spin.
They want a ******* American Pinochet. Our Founders did not. Our Founders were trying to protect us from EXACTLY what is happening RIGHT NOW. We'll see how it goes.
They have paved the way for a US president to give orders that have such a thin veneer of legitimacy that US military personnel has legal exposure sufficiently grave to make this clarification that they can indeed refuse unlawful orders relevant. Not just that, the fact that this is even a point of contention, and more than that an act of sedition to some, is mind-blowing.
Not to, long ago these same people were saying that it was ridiculous to suggest that Trump would simply order people killed without oversight, yet here we are.

