Troops risk court-martial if they follow Democrats’ ‘illegal orders’ advice, former military lawyers warn
Fox News
President Donald Trump calls Democratic senators' viral video urging troops to refuse illegal orders "punishable by death," sparking debate over military law.
"You can’t expect a sailor to overrule Washington lawyers," Rachel VanLandingham, a retired Air Force JAG and professor at Southwestern Law School, told Fox News Digital. "That’s why it’s unfair to put the burden on the military instead of on policymakers."
Under the Uniform Code of Military Justice (UCMJ), a set of laws that governs all members of the U.S. armed forces, obedience to orders is not optional — except in the narrowest of cases where the illegality is "manifest," or unmistakably obvious. In practice, that distinction means most troops risk punishment if they refuse a command before a court or superior authority has ruled it unlawful.
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