"I'm gonna kill you!"

How about the Oaf Keepers, who advocate wilful disobedience to orders whenever one of their nutball "members" decides his superior officer's command is unconstitutional?
Do they advocate violence against their superiors? Or simply not obeying an illegal order?

Note: EVERY SINGLE SOLDIER has the right to disobey an order if they know it to be an illegal order. This has been true since the UCMJ was written. Of course, anyone who APPLIES that right had damned well better BE right - "I THOUGHT it wasn't legal" won't prevent them from bunking in Leavenworth, unless the order is actually determined to be an illegal order during court martial.

Through U.S. military history there have been a number of cases of refusal to obey an order with the defense being a challenge to the legality of the order. A significant percentage of such cases come from the Vietnam War. The large majority (over 90%) ended in conviction. But in a few of those cases the defendant won, because the order did turn out to be illegal. A case I know of personally, the officer who issued the order was subsequently arrested and sentenced by court martial to 5 years (suspended) and dishonorable discharge. The sergeant (a former squad leader in my platoon before being transferred out of recon) was cleared of all charges.
 
Back
Top