unlawful orders
8 Articles
What Do Future U.S. Generals Think About Dissent, Disobedience, and Resignation?
Survey research suggests respect for civilian-control appears to be the exception, not the norm, among a significant portion of the senior military officers who participated.
Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Good Governance Paper No. 21: Obedience to Orders, Lawful Orders, and the Military’s Constitutional Compact
Latest in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and the rule of law.
Federal Employees’ Liability Risks for Following Illegal Directives to Interfere in 2020 Election
Former Acting General Counsel at the Department of Defense with a strong warning to federal employees across departments and agencies.
Wrestling with Legal and Illegal Orders in the Military in the Months Ahead
Given what we’ve witnessed over the last few months, armed forces should critically review their training for both judge advocates and commanders, including the development and…
Breaking Ranks in a Civil-Military Crisis: Strategic Communication to Register Dissent
Military leaders have principled options to address a legally questionable political decision while maintaining the rule of law and civilian control.
![A collage of tweets and statements. The first statement by Mike Mullen, Seventeenth chairman of the Joint Chiefs of Staff reads on June 2, 2020, “I cannot remain silent. Our fellow citizens are not the enemy.” A tweet from Admiral Mike Franken, no date, reads, “I’m a retired three-star admiral running for United States Senate in Iowa. The military is a tool of last resort to defend our nation. It is not a weapon to use against our citizens or our states.” A tweet from Tony Thomas on June 1, 2020 reads, “The ‘battle space’ of America??? Not what America needs to hear…ever, unless we are invaded by an adversary or experience a constitutional failure…ie a Civil War…” A tweet from retired General Martin E. Dempsey, no date, reads, “America’s military, our sons and daughters, will place themselves at risk to protect their fellow citizens. Their job is unimaginably hard overseas; harder at home. Respect them, for they respect you. America is not a battleground. Our fellow citizens are not the enemy. #BeBetter” A tweet from General Michael Hayden, no date, reads, “I was appalled to see him in his battle dress. Mi [cut off] a general?!?) should not have walked over to th [cut off] with Trump.” A tweet from Mark Hertling reads, “’Dominating the battle space,’ democratic values.” A tweet from Berry R McCaffrey on June 1, 2020 reads, “On MSNBC. Monday. 1 June. 11 pm ET. Brian Williams. Trump and the Insurrection Act. The murder of George Floyd by a police officer was the spark that detonated the anger at injustice. Using military forces other than Nat Guard would be inflammatory.” A tweet by @stavridisj, no date, reads, “American tradition says the use of active duty [cut off] to quell domestic disputes should be absol [cut off] resort and done at the request of not over the [cut off] objection of governors. I agree with that – th [cut off] role for the National Guard not active duty.” The last statement comes from an article by Jeffrey Goldberg and reads, “James Mattis denounces President Trump, describes him as threat to the Constitution. In an extraordinary condemnation, the former defense secretary [cut off] protestors and says the president is trying to turn Americans against [cut off] another.”](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2020/06/Mattis-collage.jpg?fit=1024%2C483&ssl=1)
The Generals’ Constitution
When retired senior military officers “break ranks” to publicly criticize current political affairs, they often invoke a defense of the Constitution. In light of their oaths…
What the Law of Military Obedience Can (and Can’t) Do–What Happens if a President’s Orders are Unlawful?
A proposal to bring back waterboarding and a “hell of a lot worse.” The possible suggestion that members of the military should intentionally target terrorists’ civilian…
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