Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

General Discussion

stevenleser

(32,886 posts)

33. Not permission, concurrence from the SecDef.

Reply to Eliot Rosewater (Reply #32)

Sun May 21, 2017, 08:30 PM

May 2017

The rules say the SecDef has to verify that the order is coming from the President and legally he has to authenticate the order if it is in fact coming from the POTUS. But I can't imagine a SecDef forwarding on an insane order to launch a first strike against someone.

Edit history

Please sign in to view edit histories.

33 replies

= new reply since forum marked as read

Highlight:

Question: Is it legal for the military to refuse to comply with an illegal order from the president? [View all] Towlie May 2017 OP

No it is against ucmj to carry out immoral orders TEB May 2017 #1

I don't think that is true -illegal/unlawful yes, but not immoral DrDan May 2017 #10

Just as former infantry trooper TEB May 2017 #15

yes, "unlawful" - those can and should be disobeyed - not "immoral" DrDan May 2017 #17

Illegal yes unlawful same was not splitting hairs TEB May 2017 #20

not sure I undersatnd your post - but . . . you can disobey an order if it is illegal or unlawful DrDan May 2017 #24

the problem is that the military leadership Mosby May 2017 #25

well . . . yeah . . . when you decide to disobey an order the onus on on you DrDan May 2017 #27

Yes. Aristus May 2017 #2

I seem to recall we spent time in class Turbineguy May 2017 #3

The Constitutionally of the War Powers Resolution is something scholars have debated for decades Calista241 May 2017 #4

Yes. They take an oath to the Constitution, not the CIC. roamer65 May 2017 #5

" . . . and that I will obey the orders of the President of the United States . . . " DrDan May 2017 #11

Technically, yes it is legal to refuse to obey an illegal order... Wounded Bear May 2017 #6

Military swears an oath to uphold the constitution, not a president. beachbum bob May 2017 #7

A relief to have clarity on this topic. Thanks. ATL Ebony May 2017 #8

tread carefully - that is not accurate DrDan May 2017 #12

Thanks but I hope there's protocol as to how to handle illegal CIC orders and ATL Ebony May 2017 #14

See my #13. nt stevenleser May 2017 #16

illegal orders can and should be disobeyed DrDan May 2017 #18

Officers swear an oath to uphold the constitution Brother Buzz May 2017 #9

That type of potentially illegal order is difficult for members of the military to refuse stevenleser May 2017 #13

"most" of those? Doreen May 2017 #19

Some are on a thin line stevenleser May 2017 #21

The simple reality is we know trump is capable of firing a nuke to cover his ass. Eliot Rosewater May 2017 #26

Use of nuclear weapons when not under attack requires POTUS to get concurrence from stevenleser May 2017 #29

Who would he have to get permission from specifically? Eliot Rosewater May 2017 #32

Not permission, concurrence from the SecDef. stevenleser May 2017 #33

Not only legal but it is required sarisataka May 2017 #22

I'm curious to know what your take is on the specific instance the OP asks about stevenleser May 2017 #30

The scenarios you spoke of sarisataka May 2017 #31

I was just following orders HAB911 May 2017 #23

Yes but OP asked about a specific kind of order and it wasn't to commit genocide stevenleser May 2017 #28