can the military refuse a presidential order

Subscribe (Interestingly, the soldier who … The short answer is yes. You have a legal, constitutional, and moral responsibility to refuse to comply with any and all attempts by President Trump to interfere with the 2020 presidential election. But only if they are willing to risk the consequences. By decapitating the civilian … Sure they can refuse. The petition has the support (and many additional supportive comments that can be read online) of approximately 15,000 signers plus World BEYOND War, Watchdog.net, The Nation, Progressive Democrats of America, … They have no right to refuse a lawful order. In this case, many have argued that the Insurrection Act of 1807 gives the president the legal authority to deploy the military within the United States to restore civil order. While military officials can refuse to carry out orders they view as illegal — or slow the process by sending those orders for careful legal review — they cannot remove the president from the chain of command. Only the generals refuse. The president’s authority to use military force is a hotly debated legal topic. Can a soldier refuse an order to deploy in support of a military operation that Congress has not approved? But they'll wind up in jail. Donald Trump. Military commanders and soldiers at the state and national level can interpret orders as unlawful, particularly if they are based on falsehoods, and refuse to comply. In fact, service members have a legal duty to refuse to obey manifestly unlawful orders, and those who follow unlawful orders can be prosecuted criminally. Donald Trump Says Military "Won't Refuse" His Orders to Commit War Crimes At GOP debate, merely pledging boots on the ground in Libya passes for sanity. In recent years, presidents have used force against al-Qaeda and associated groups, and more recently against ISIL, in places as far-flung as Yemen, Somalia, Iraq, and Syria. Unlike many other countries, U.S. military officers do not swear an oath of obedience to the commander-in-chief. US President Donald Trump on Monday suggested he would use federal troops to end the unrest that has erupted following the police killing of George Floyd, an unarmed Black man, last week. In a provocative 2010 article (“Breaking Ranks: Dissent and the Military Professional”) a Marine lieutenant … Why service members might disobey Trump’s orders to occupy US cities. Only the President of the United States can order the employment of US nuclear weapons," Kehler said. This treaty would render such targeting unlawful. The law prohibits the use of the military in civilian matters but, over time, Congress has passed at least 26 exemptions to the act that allow the president to send troops into states. The civilian executive branch is very different from the military, in which Secretary Kelly served until recently. He would then have to give orders to the military leadership to implement martial law and to undertake organization and administration of the election. Can agency heads refuse orders from presidential aides, or from the president him- or herself? Instead, pursuant to Article VI of the … “If the military gets an illegitimate order from the president of the United States, the military can and should refuse that order in a situation where it is widely seen that the president is unfit and incapable of making a rational decision,” said Tom Z. Collina, co-author with former Defense Secretary William J. Perry of a book, “The Button,” about nuclear dangers and presidential command … If all that was needed to stop a nuclear attack on the homeland was for the military to refuse to implement a legal but unwise policy, then in that case I would certainly prefer the temporary interruption in civilian control followed by the rapid reinstatement of the constitutional order. When can a soldier or officer refuse to follow an order they disagree with? President Obama is the legally elected President of the United States, thus the Commander in Chief of our armed forces. Though all military members may disobey unlawful orders, the idea is that officers are not only empowered but obligated to refuse them. One officer told Newsweek that the planning was being kept "out of sight" of the White House and the president's loyalists in the Pentagon so they wouldn't shut it … The National Guard is unique from other military branches in that operates under both state and federal authority. In United States v.Keenan, the accused (Keenan) was found guilty of murder after he obeyed an order to shoot and kill an elderly Vietnamese citizen.The Court of Military Appeals held that "the justification for acts done pursuant to orders does not exist if the order was of such a nature that a man of ordinary sense and understanding would know it to be illegal." Democratic civil-military relations theory further requires that they refuse these orders. The question arose recently when U.S. Secretary of the Navy Richard Spencer resigned from his post after saying that he felt an obligation to disobey an order from his commander-in-chief, President Donald Trump. Of course, much of this pushback is political, and truth be told, some of what is being proposed would seen to border on … These presidents relied for their … Some of Donald Trump's ideas, including trying U.S. citizens in Gitmo, are raising questions whether U.S. troops should obey the president's orders despite breaking federal law. A military officer must refuse to carry out an unlawful order, and the Geneva Conventions — a treaty the United States joined — forbids the deliberate targeting of civilians in military conflicts. A former Secret Service agent weighs in on President Trump's drive-by outside Walter Reed and whether an agent could—or would ever—refuse to carry out a Presidential order. "This is a system controlled by human beings ... nothing happens automatically," he said, adding that the US military does not blindly follow orders and a presidential order to employ nuclear weapons must be legal. CNN military analyst John Kirby explained that military judge … US military commanders would refuse a presidential order to carry out a nuclear first strike that they thought was illegal, senators were told on Tuesday. An organization of attorneys, which calls itself The Orders Project is actively encouraging military personnel to refuse orders to keep peace following the election if left-wing Antifa, Black Lives Matter, and other anarchist groups lose their minds if President Trump prevails. The two suggested scenarios are alike in this sense: In each, a contested presidential election holds the potential of triggering the collapse of domestic order. According to the outlet, military commands in Washington DC are devising a secret contingency plan in case armed forces are summoned to maintain civil order during the inauguration and transition period of the next administration. If the President were to decide to act on Flynn’s proposal, he would first issue an order to declare martial law, to suspend the Constitution, to declare the recent election void as to the office of President, and to order a new election. During testimony before the Foreign Relations Committee, retired Gen. Robert Kehler said the U.S. armed forces are … Guard troops primarily serve their state but answer to both their governor and the president. The Uniform Code of Military Justice makes it a crime punishable by court martial for a member of the armed forces to … The geographically diverse guard troops can bridge the “zone of ambiguity” across governments to more effectively respond to natural disasters or other emergencies. The laws of war would allow a military official to refuse to execute an order to do something illegal. He gives an order he promised to give on the campaign trail, telling the military leaders to hunt down and kill any known family members of the terrorists. That would amount to a military coup, the officials said,” Sanger and Schmitt reported. WASHINGTON (AP) — A retired Air Force general told the Senate on Tuesday that an order from President Donald Trump or any of his successors to launch nuclear weapons can be refused by the top officer at U.S. Strategic Command if that order is determined to be illegal. Refusing these orders would not be a coup. LTCOL Lakin was tried, convicted, and sentenced for refusing to deploy.

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