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rpannier

(24,846 posts)
Sun Oct 26, 2025, 08:15 AM Oct 26

Can The Military Refuse Trump's Orders?

there is one short legaleagle promo in the middle and two quickie at the end for each attorney
The video is quite informative

19 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

hlthe2b

(112,641 posts)
2. They took an oath to the Constitution which requires them to refuse illegal orders...
Sun Oct 26, 2025, 08:25 AM
Oct 26

Obviously, in practice, that may not happen... But any commanding officer who does not yet realize how quickly they will be hung out to dry (and that may include Leavenworth) is a damned fool. They may not be an attorney, but it falls to them to recognize the general framework of what is legal and what is not--and that includes the Geneva Conventions.

lark

(25,862 posts)
3. All the generals who cared about the constitution have been fired and replaced with magats.
Sun Oct 26, 2025, 08:36 AM
Oct 26

They will not protect us. Now, some of the soldiers may have a heart and a brain and refuse orders or go AWOL and switch sides. However, most of the right wing military (which is the majority) will follow orders against the "commie" Dems and counting on them to protect us is not productive at all.

hlthe2b

(112,641 posts)
5. The admiral responsible for the region where Trump is ordering the murders of those on fishing boats sans evidence
Sun Oct 26, 2025, 08:40 AM
Oct 26

DID JUST THAT. So, no. They aren't all gone, even if they have shown deference to Trump. And that includes lower-level officers and those all the way down the order.

https://www.themirror.com/news/politics/navy-admiral-quits-protest-amid-1451372

(I don't like the source, but don't have time to find others right now and it is a true account)

lark

(25,862 posts)
6. He didn't stop anything, he quit rather than support illegal orders.
Sun Oct 26, 2025, 08:43 AM
Oct 26

The next person in line followed them and the destruction still happened. Expect the same here.

hlthe2b

(112,641 posts)
8. That was not the question (as to whether they can STOP Trump). The OP asked if they can refuse an order
Sun Oct 26, 2025, 08:53 AM
Oct 26

And yes, it may require resigning their commission as in this case. But if you know anything about the military (and that includes the uniformed commissioned officer oaths--not merely the armed forces) then they are mandated to honor the Constitution, which precludes accepting and carrying out an ILLEGAL order. That is exactly what this admiral did by resigning his commission.

You may think I am being strident in my reply to you, but this is a critically important distinction.

Duncanpup

(15,535 posts)
4. J.A.G. Officers
Sun Oct 26, 2025, 08:36 AM
Oct 26

Would always brief us maybe twice a year especially before a deployment. And yes you could end up in military barracks doing time if you follow illegal orders.

Happy Hoosier

(9,385 posts)
11. Theoretically yes.
Sun Oct 26, 2025, 09:20 AM
Oct 26

And in fact, officers are officially trained that they are obligated to refuse illegal orders.

In reality? It’s a career-ending move. No current JAG officer would advise an officer to refuse an order. The legal environment is not likely to support such an officer.

ashredux

(2,847 posts)
12. The military is required to not obey illegal orders.
Sun Oct 26, 2025, 10:06 AM
Oct 26

The United States military command will not attack civilians inside the United States. There may be some officers who are outliers, and this will cause a very tense, and most likely internal fighting that might lead to combat…..but the military will hold the line against a fascist takeover.

Redleg

(6,808 posts)
13. I hope you are right
Sun Oct 26, 2025, 10:18 AM
Oct 26

I am thinking along similar lines, having once taken the same oath.

cbabe

(6,135 posts)
14. Duty to disobey. Search for legal guidelines.But consequences may be harsh. I had
Sun Oct 26, 2025, 10:45 AM
Oct 26

this conversation in the grocery store pharmacy waiting room, lined up for Covid booster.

Somehow stumbled on this topic. A Vietnam vet went nuts, roared at me. Must obey at all costs!

Latent ptsd?

I said: I don’t want to fight with you.

Let the conversation drop.



Military.com
https://www.military.com › daily-news › opinions › 2025 › 08 › 13 › 4-out-of-5-us-troops-surveyed-understand-duty-disobey-illegal-orders.html
4 Out of 5 US Troops Surveyed Understand the Duty to Disobey Illegal ...
Aug 13, 2025But when the respondents were asked to think about and comment on the duty to disobey unlawful orders before being asked if they would follow the order to bomb, the percentage who would obey the ...


FindLaw
https://www.findlaw.com › legalblogs › law-and-life › what-is-a-military-duty-to-disobey
What Is a Military 'Duty to Disobey'? - FindLaw
It's generally called a "duty to disobey," and is empowered by the Uniform Code of Military Justice. The UCMJ is more concerned about the need to obey orders, but specifies the conditions when military personnel may feel justified in not following them: If the order is "contrary to the constitution" or "the laws of the United States."


legalclarity.org
https://legalclarity.org › your-right-to-disobey-an-unlawful-order
Your Right to Disobey an Unlawful Order - LegalClarity
Jul 4, 2025The duty to obey in the armed forces is governed by the Uniform Code of Military Justice (UCMJ). Articles 90, 91, and 92 require service

ChicagoTeamster

(382 posts)
19. That's why we need officers that keep pace with the law and retired Generals like Milley as the situation unfolds
Sun Oct 26, 2025, 01:26 PM
Oct 26

If they stay informed by trustworthy authorities and have reasonable belief based on reliable information that the orders they are being given are illegal they can order their troops to not follow the unlawful order. From what has been reported, and from what I'm hearing from retired service members I know, the current military has very little confidence in Hegseth and very few respect Trump. They know how to get around bs like the parade and how to minimize situations that may lead their subordinates having to make a moral choice of not following an order. But what about illegal invasions? The invasion of Iraq was based on fabricated intel and a deceptive publicity campaign and al lot of the retired Generals who have spoken out against Trump participated in that.

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