Are US soldiers allowed to refused to obey unlawful orders, and if they enforce such, can they be sued and/or charged criminally in civilian courts?
Yes and no. The real problem is the moral and ethical constitution of a service person… Or lack of.
Yes sort of. The UCMJ requires only that one obey “lawful” orders. However, what constitutes unlawful is like everything else in law, difficult to say rigorously. It is a risk for troops to disobey. A risk, nevertheless, worth taking in some cases.
Could some protesters (at least, theoretically) tackle down a Marine, and put him under citizen’s arrest, insisting that the Chief of the LA (or Compton) police, Sheriff of LA, and Newsom enforce California state law?
(Indeed, could this apply to the NG, ICE, or whatever other goons Trump has sic-ed on LA? and other places?)
Well, yes they could tackle them. And in fact they could ask a sheriff to do anything. Sheriffs actually do have an obscene amount of power in many jurisdictions. But have this work out in their favor? Nah. Supremacy Clause and law of more firepower isn’t going to go well in that, I suspect.
Also, marines tend to have very good CQB training. And, you know, the rest of their platoon - or at least, fireteam - backing them up.
That’s why they got rid of all the military lawyers, so there is no one to tell them that the orders are illegal. These soldiers better read up on the law themselves because they will be vulnerable.
There’s a reason you separate military and the police. One fights the enemies of the state, the other serves and protects the people. When the military becomes both, then the enemies of the state tend to become the people.
-Commander William Adama, Battlestar Galactica (2004)
Given that detention and questioning constitute arrest, I’d suggest the current administration consists largely of utterly incompetent fuckwits who have no goddamned idea what they’re doing.
You’re gonna get so sick of Constitutional crises.
& pigs can fly mon pere…
Military official needs to review the oath he took.
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I’m sure all the people in our government why care about the law are very upset.
That would be the definition of “law enforcement”…and that is illegal.
Who is this chumps commanding officer
