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Isnt it ok for a soldier to disobey an order they know is illegal ?

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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 03:25 PM
Original message
Isnt it ok for a soldier to disobey an order they know is illegal ?
Edited on Mon Dec-19-05 03:41 PM by rpgamerd00d
Not that the Senate is the military, but the same concept, I feel applies.

If someone with a high level of security clearance, who is sworn to secrecy, discovers an illegality, I believe they are bound by law to breach their secrecy in some cases, cases that don't directly jearpordize lives.

Am I right or wrong here?
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fishwax Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 03:27 PM
Response to Original message
1. i'm not sure about legally
but it seems to me there would be an ethical requirement to try to expose an illegal plan to spy on the american people ...
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SCantiGOP Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 03:36 PM
Response to Original message
2. they are required to
that is my understanding from the discussions I've heard. That's how Nazis were prosecuted after WWII, even though they claimed they were just good soldiers following orders.
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Tyler Durden Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 03:38 PM
Response to Reply #2
4. It's not just REQUIRED, it is a CRIME under the UCMJ...
...To obey an Illegal order. And they don't have any buy-out for "I thought it was legal" or "I was ordered to do it."

People forget that. I was a Senior USN Petty Officer. I don't forget it.
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Aristus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 03:54 PM
Response to Reply #4
6. I remember. One of the very first classes we took in Army Basic Training
was on the Geneva Convention, legal and illegal orders. The drill sergeants, who just hours before were instilling in us the importance of unquestioning obedience to their orders, were stating emphatically that a good soldier MUST disobey an illegal order. Lt. William Calley's name was mentioned several times. They also said there should be no doubts about what constitutes an illegal order. "Take these unarmed prisoners-of-war over to that ditch and shoot them all." is a pretty clear-cut example of an illegal order. They made it clear to all of us trainees that a soldier has a legal, ethical and moral obligation to disobey illegal orders.

When the whole Lynndie England/Abu Ghraib thing surfaced, I just had to ask myself: "Didn't they get the same training I got?"
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5X Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 03:37 PM
Response to Original message
3. Not only OK, but mandatory. n/t
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meatloaf Donating Member (605 posts) Send PM | Profile | Ignore Mon Dec-19-05 03:49 PM
Response to Original message
5. It's required, but try practicing it.
The military is infamous for giving/requiring soldiers not to follow unlawful orders, but not giving them permission to question orders or face court martial. Nice catch-22 they've got going on there. The last thing they want are intelligent soldiers questioning orders. Wars can't be fought very efficiently that way.
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:00 PM
Response to Original message
7. Show me an enlisted man that'd be able to oppose the Attorney General.
Edited on Mon Dec-19-05 04:09 PM by TahitiNut
It's a joke when the regime has compliant fascists with law degrees like a mafia family has consiglieres. There's not a snowball's chance in hell that any uniformed grunt would get away with refusing to do something that White House lawyers said was OK. Torture? Secret imprisonment? You name it.
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ProfessorGAC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:05 PM
Response to Reply #7
8. It's Consiglieri, Nut
The singular is consigliere. Sorry, couldn't help myself. Knew you would understand.
The Professor
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:06 PM
Response to Reply #8
9. Fugettaboudit.
:D
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:08 PM
Response to Reply #9
10. "Leave the gun. Take the cannolis."
:silly:
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ProfessorGAC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:10 PM
Response to Reply #10
11. Um! There's No "s" in Cannoli
Edited on Mon Dec-19-05 04:10 PM by ProfessorGAC
Cannoli is the plural. Cannolo is the singular. Ok, ok, i'll stop now.
The Professor
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:13 PM
Response to Reply #11
16. (grin)
can·no·li
n. pl. can·no·lis

A fried pastry roll with a sweet creamy filling.

http://dictionary.reference.com/search?q=cannoli
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ProfessorGAC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:20 PM
Response to Reply #16
20. Stupid Americans
It's our word and we'll make the rules!
The Professor
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:22 PM
Response to Reply #20
21. We're Americans and we'll steal whatever words we want.
:silly: :dunce:
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:10 PM
Response to Reply #10
13. "People don't say 'no' to you too often, do they?"
"Well, its more like "No! No! Please! No!"
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ProfessorGAC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:11 PM
Response to Reply #13
14. Hey, Is This Italian Bashing?
I'm hitting alert on you two! Alert, alert, alert. Oh wait. I started it. Never mind.
The Professor
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:16 PM
Response to Reply #14
17. Yes, it is. But, I'm Italian, so, that like, ok
Edited on Mon Dec-19-05 04:16 PM by rpgamerd00d
:D

(And I have relatives in Brooklyn that bring the "good" cannoli up on holidays.
Mmmmmmmmmmm, cannoli.... agggggggggggg </Homer_Voice> )
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ProfessorGAC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:19 PM
Response to Reply #17
19. Well, All Right Then!
Me too. I'm half siciliano and half calabrezzo. I can speak the language at probably about the level of a 10 year old. Oddly enough, i could probably speak at better than a 10 year old level WHEN I WAS 10 YEARS OLD! I forgot a whole lot until i started traveling to Italy on business and forced myself to bring it back into the front of the brain.

Anyway, bienvenuti e ciao.
The Professor
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:10 PM
Response to Reply #8
12. Fixed. Grazie!
Edited on Mon Dec-19-05 04:15 PM by TahitiNut
:dunce:
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ProfessorGAC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:12 PM
Response to Reply #12
15. Don't Get Me Started Again.
I'll let that one go, since it said i would stop. But, boy am i busting a vessel.
The Professor
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:16 PM
Response to Reply #15
18. Siamo avuti un giorno anale, signore?
Edited on Mon Dec-19-05 04:24 PM by TahitiNut
:rofl: :rofl: :rofl:

(Note to self: Don't say "grazi" to il professore.)

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ProfessorGAC Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:23 PM
Response to Reply #18
22. Si. Ioso.
The Professor
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Silverhair Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:25 PM
Response to Original message
23. In the military, it is required - BUT YOU BETTER BE RIGHT IF YOU DO !!
If you disobey and order, and it turns out the order was legal, then you are in deep trouble. All soldiers know this. And remember, this is an all volunteer military, so they want to be in and are less likely to be whistle blowers.

The Senate makes the laws (In conjunction the house and the POTUS) so their laws are assumed legal unless overturned by the Federal judiciary. So your whistle blower has to hope the supremes see things the way he does.
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Tierra_y_Libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 04:51 PM
Response to Original message
24. In real life, you better obey orders.
If soldiers were allowed to question orders for legal, moral, or humane reasons, in real life, wars would be damned near impossible. Most people don't like killing other people no matter how much the politicians and generals how necessary or "fun" it is.
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