Seymour Flops
Diamond Member
Good example!Ok. Let’s get specific.
The military is deployed at the border
Illegals are seen crossing the border.
They are clearly civilians and clearly unarmed
Orders are given to shoot them
Is that a legal order?
I believe that it would be a legal order.
Armed or unarmed, people illegally crossing our border are a threat to the freedom, lives, health and safety of Americans, and therefore they should be repelled with force.
But that specific is debatable, and I cannot predict how courts would rule.
Hypothetically, if an officer gave such an order and a soldier refused to obey it, the soldier could make a case for it being an unawful, and not be found guilty. On the other hand, if the officer were charged with issuing an unlawful order, I believe the officer would not be found guilty.
That is how such questions should be discussed.
It is pure political shoemanship, for the Democrats to create a straw man by inventing out a whole cloth a scenario in which Trump issues illegal orders in order to make military service members hesitant to abide by his orders.