Lawful & Unlawful/Illegal Orders…

So a group of idiot democrats created a video telling the military to ignore illegal orders. It’s a HUGE NO SHIT moment because when you’re in BOOTCAMP you’re told to ignore and even report illegal orders, unlawful orders or even orders that call into question legality.

Of course in my posting on X about this situation, there are trolls who have asked me but not them for examples of illegal/unlawful orders so I did some digging and have come up with some examples for them to suck on. What they didn’t do was ask the idiot democrats who planted the seeds of sedition on our military to provide examples because there are none by this President named Donald J Trump.

I asked an ai to provide some information you will see below. They were able to look up and point out some things to consider…

That’s an excellent and important question — the difference between **unlawful** and **illegal** orders from a U.S. President to the military touches on constitutional law, the Uniform Code of Military Justice (UCMJ), and the principle of civilian control of the armed forces.

### ⚖️ Key Distinction
– **Unlawful Order:** Violates the **U.S. Constitution**, statutory limits, or international law (e.g., Geneva Conventions).
– **Illegal Order:** Violates **U.S. domestic law** or the **UCMJ** and subjects those who obey it to prosecution.

Military officers are bound under the **UCMJ (Article 90 and 92)** and **Nuremberg principles** to *refuse manifestly unlawful orders*.

### 🚫 Examples of *Unlawful Orders*
1. **Ordering a nuclear strike without legal justification**
– If the President gives such an order without a legitimate military necessity or in violation of international or domestic checks, it would be unlawful.
– The Secretary of Defense and commanders are legally obligated to refuse an order constituting a war crime.

2. **Using the U.S. military for domestic law enforcement (Posse Comitatus violation)**
– Example: Ordering the Army to arrest political opponents or oversee elections.
– This violates the **Posse Comitatus Act** (18 U.S.C. § 1385), unless authorized by Congress or the Constitution (e.g., Insurrection Act).

3. **Targeting civilians deliberately in a conflict**
– A direct order to bomb civilian centers without military significance violates **the Law of Armed Conflict** and the **Geneva Conventions**.

4. **Suspending habeas corpus or elections unilaterally**
– The President cannot nullify constitutional rights without congressional authorization; such an order would be unconstitutional and thus unlawful.

### ❌ Examples of *Illegal Orders*
1. **Ordering assassination of a foreign leader outside war**
– Prohibited by **Executive Order 12333**, which bans political assassinations.
– Violates U.S. law and international norms.

2. **Authorizing torture of detainees**
– Violates the **U.S. War Crimes Act** and **Convention Against Torture**, codified in federal law.
– Military personnel who follow such orders risk prosecution under the UCMJ and federal law.

3. **Commanding soldiers to falsify intelligence or evidence**
– Directs them to commit fraud or perjury—clear violations of federal statutes.

4. **Requisitioning private property without due process**
– Violates the **Fifth Amendment’s Takings Clause** and statutory limits on military authority.

### ⚔️ Bottom Line
U.S. military personnel swear an oath to **the Constitution, not the President personally**.
If a presidential directive **contradicts constitutional authority or law**, commanders are **legally obligated to disobey** it — and can face punishment if they do not.

Here are several **historical examples** where U.S. presidents or senior military officials **approached or tested the boundary** between lawful, unlawful, and illegal military orders — and how those situations were handled:

### ⚔️ **1. President Harry S. Truman and the Steel Seizure (1952)**
**Event:** During the Korean War, steelworkers threatened to strike. Truman ordered the federal government to seize control of steel mills to prevent a work stoppage.
**Ruling:** In *Youngstown Sheet & Tube Co. v. Sawyer* (1952), the Supreme Court blocked the order, ruling that **the President lacked constitutional authority** without congressional approval.
**Significance:** Demonstrated that even in wartime, **presidential power has limits** — an order without statutory or constitutional basis is **unlawful**.

### 🛰️ **2. President Richard Nixon and Domestic Espionage**
**Event:** Nixon authorized intelligence agencies to surveil political opponents (the “Plumbers” operations).
**Issues:** These actions violated domestic law, including the **Fourth Amendment** and statutes against warrantless surveillance.
**Outcome:** Following the Watergate scandal, new oversight laws were enacted (e.g., the **Foreign Intelligence Surveillance Act (FISA)** in 1978).
**Category:** These were **illegal orders**, because they directed federal agents to commit crimes.

### 💣 **3. The “Saturday Night Massacre” (1973)**
**Event:** Nixon ordered the Attorney General to fire Watergate Special Prosecutor Archibald Cox. Both the Attorney General and Deputy AG refused and resigned.
**Why it matters:** While ultimately constitutional (the President can dismiss an executive-branch employee), this episode underscores how **executive misuse of power** can **approach the line of abuse or obstruction**, especially when done to block lawful investigations.

### 🪖 **4. Korea and Vietnam: “Undeclared Wars”**
**Situation:** Presidents Truman and Johnson conducted long military campaigns without formal Congressional declarations of war.
**Controversy:** Critics argued these actions **circumvented the Constitution’s grant of war-declaring power** to Congress.
**Step Taken:** The **War Powers Resolution of 1973** was passed to prevent similar unilateral actions.
**Lesson:** Persistent military engagement without authorization risks being **unlawful under constitutional separation of powers**.

### 🚨 **5. Hypothetical/Prevented Examples**
– **Nixon and nuclear concerns:** Records and aides suggested that during his final days, senior military officials were instructed to **double‑check any “extraordinary” nuclear orders** from the President due to concerns about his stability — showing military safeguards against potentially **unlawful or illegal commands**.
– **Post‑9/11 detentions and torture:** Some directives on enhanced interrogation were **later judged unlawful**, leading to policy reversals and legal challenges under domestic and international law.

### 🧭 **Summary of Lessons**
| Principle | Example | Outcome |
|————|———-|———-|
| Civilian control doesn’t mean unlimited power | Truman’s steel seizure | Supreme Court overturned |
| Illegality voids obedience duty | Nixon’s surveillance | Resignations + legal reform |
| Boundaries reinforced by Congress & courts | War Powers debates | 1973 Resolution |
| Military’s duty: legality, not loyalty | Nuclear chain safeguards | Prevented unlawful escalation |

Here are **modern (2000s–present)** examples where presidential orders or directives involving the U.S. military **tested or potentially crossed lawful and illegal boundaries**, along with how they were handled:

### ⚖️ **1. Post‑9/11 Detention and Torture Policies**
**Period:** George W. Bush Administration (2001–2008)
**Situation:** After 9/11, presidential directives authorized **enhanced interrogation techniques** for terrorism suspects in CIA and military custody.
**Issues:**
– Some methods — such as waterboarding — were later deemed **torture**, violating both the **U.S. War Crimes Act** and the **Convention Against Torture**.
– The **Abu Ghraib** and **CIA black site** scandals showed the consequences of unclear or unlawful orders.
**Outcome:**
– The Supreme Court’s ruling in *Hamdan v. Rumsfeld* (2006) and subsequent legislation reaffirmed detainees’ rights under the Geneva Conventions.
– Many of those practices were later banned by **Executive Order 13491 (Obama, 2009)**.
**Category:** Potentially **illegal orders**, later repudiated by law.

### 🛰️ **2. Targeted Drone Strikes and U.S. Citizens**
**Period:** Obama Administration (2009–2016)
**Situation:** The U.S. conducted drone strikes against suspected terrorists abroad, including **U.S. citizen Anwar al‑Awlaki** in Yemen (2011).
**Issues:**
– Critics argued the executive branch lacked judicial authorization to **kill a citizen without trial**, violating due‑process rights under the **Fifth Amendment**.
– The administration justified the action under the **2001 AUMF (Authorization for Use of Military Force)**.
**Category:** Legally gray area — not ruled unlawful, but widely debated as a potential **extra‑judicial use of lethal force**.

### 🪖 **3. The 2017–2021 Period: Border Deployment & Insurrection Concerns**
**Period:** Donald J. Trump Administration
**Examples:**
– **Military deployed to the U.S.–Mexico border** to assist in construction and crowd control — legal under certain statutes, but controversial if used for domestic law enforcement (possible **Posse Comitatus Act** issue).
– **Protests of 2020:** During nationwide demonstrations, the President considered invoking the **Insurrection Act** to deploy active‑duty troops domestically.
– Defense leaders, including Secretary of Defense Mark Esper and Joint Chiefs Chairman Mark Milley, expressed concern this would be **unlawful absent real insurrection conditions**.
**Category:** Approached **unlawful territory**; ultimately constrained by internal resistance and legal caution.

### 💣 **4. Unilateral Strikes Without Congressional Authorization**
– **Libya (2011):** Obama ordered airstrikes without specific Congressional approval; critics said this violated the **War Powers Resolution**.
– **Syria (2017 & 2018):** Trump ordered missile strikes without a formal authorization for the use of force.
**Category:** **Potentially unlawful** under constitutional separation of powers, though presidents claim authority as Commander‑in‑Chief for limited actions.

### 🔏 **5. Allegations of Misuse of Classified or Sensitive Orders**
– At times, Presidents have pressured agencies or military staff to take actions benefiting political or personal aims (e.g., directing investigations or contracts).
– These could be **illegal** if they represent abuse of power, obstruction, or personal gain rather than legitimate national-security objectives.

### ✅ **Summary: Legal and Institutional Guardrails**
| Category | Examples | Guardrail / Response |
|———–|———–|———————-|
| **Illegal (domestic law)** | Torture, unlawful surveillance | Courts, Congress, DOJ oversight |
| **Unlawful (constitutional)** | Unilateral military actions, election interference | Supreme Court review, Congressional checks |
| **Prevented/Potential** | Insurrection Act misuse, improper nuclear or domestic deployments | Military and civilian chain‑of‑command resistance |

These episodes illustrate how **the U.S. legal system and military ethics doctrine rely on checks and balances** — courts, Congress, internal legal counsel, and individual officers — to prevent or counter unlawful presidential orders.

In summation, DEMOCRATS made a video for no reason other than to try and score political points as well as to disrupt and disturb order in the ranks of our military. They successfully pissed off MILLIONS of people and they’ve caused VETERANS to rise up and give them a hearty FUCK YOU as we don’t need reminding of what orders to follow and which ones to ignore.

Michael Murdock, US NAVY VETERAN
@docmurdock on X

 

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