Because being an adult means
Sometimes the dung-heap rats get a freebie.
The recent hubbub regards several weeks of the Democratic side of the House — and their toadies in the Legacy Media — shrilly declaring that every order given by National Command Authority was, in some way, unlawful1.
Followed up by several members of the Democratic Party solemnly — and publicly — reminding service members of their duty to not obey unlawful orders.
Sigh.
First off, this is a clear-cut example of “Suborning lawful authority”. Yes, it is. A constant media barrage claiming that every order given by the Secretary of Defense, and every order given by the President of the United States is an unlawful order; followed by powerful politicians — powerful politicians who will (wink, wink Provide Protection To Servicemembers Speaking Truth Teh Power nudge, nudge)2 — solemnly reminding servicemembers that they can get into serious trouble for obeying unlawful orders?
First plant the seed of doubt; then have an authority figure provide justification and absolution, wrapped in an appeal to conscience? Textbook manipulation.
Was this “prejudicial to good order and discipline”?3 Attempted, but yes.
Was this “soliciting commission of offense”?4 Again, attempted, but yes.
I could go down the UCMJ citing examples, but I’ve made my point.
Secondly, this is insulting to the servicemembers. They have been receiving training regarding the duty to disobey unlawful orders since Basic Training. Most currently-serving military folks have been in during some — or all — of the United States 20-year involvement in the “Long War” — aka the Global War on Terrorism.
During the course of the GWOT, the explosive growth in the numbers of military lawyers is “not publicly available”, but conservative SHAGs5 suggest that as a consolidated whole, the various JAG corps expanded by 400%. Minimum.
Lawyers gotta lawyer justify those paycheques,, and military lawyers are no different. Military lawyers have had their noses off in the troops’ business for 20 years. From ROE6 to SHARP7 to generally making war8 more of an unnecessary9 pain-in-the-arse for our troops, JAG lawyers have been lecturing the kids for twenty years on unlawful orders.
They know.
Thirdly. Should these Democrat politicians be legally sanctioned for their willful attempt to suborn lawful authority, and soliciting the commission of the crime of disobeying a lawful order?
Here’s where I piss everybody off — no. They should not.
“Ian! You just spent several paragraphs listing why they violated the Uniform Code of Military Justice! What the hell?”
Yes, I did. But this is part and parcel of the messy septic tank that is the American legal10 and political system. As politicians they get to run their sucks. Yes, even that scum-sucking former O6 gets to run his sewer.
“But, Ian! What happens if a servicemember listens to them and disobeys a lawful order? Surely then …”
No. Anyone listening to those curs, and using their clumsy, amateurish11, manipulations to suborn lawful authority as an excuse to disobey a lawful order is a moron, and deserves what a Court-Martial is going to do to him; but unless you have proof that those parasites spoke to that particular servicemember, promised him immunity, and personally solicited him to disobey a lawful order …
… If you don’t have that. they get to run their sewers.
“So, they get away with it?”
I said no criminal charges. The voters of their districts should do the right thing, and remove them from office. Congress should do the right thing and box their ears. If nothing else, they have violated their oaths before their God, and as oath-breakers, will face sure and certain justice sooner or later.
“Why, Ian?”
Because it is better to let these jackals run loose, than to set a criminal precedent regarding stupid speech by elected officials. Because “better that ten guilty men go free than that one innocent man suffer“12, and even Congresscritters have a First Amendment right to say idiot stuff.
We don’t have to like it — and you shouldn’t like it — but sometimes the dung-heap rats get a freebie.
Ian
The term I prefer. “Illegal” is a sick bird.
No, they won’t.
Uniform Code of Military Justice, art 134.
Uniform Code of Military Justice, art 82.
Scientific Hairy-Arsed Guess
Rules of Engagement
Sexual Harassment/Assault Response and Prevention
Insurgents open fire from a cemetery, where they keep looking over headstones, thus getting shot in the head a lot? OBVIOUSLY A WARCRIME!~ JAG.
AC130 gunship looking at meeting of all the top insurgent brass at a funeral in a cemetery. All of them. Right. There. NO! IT WOULD BE A WARCRIME TO ENGAGE! ~ JAG
First Amendment to the Constitution of the United States.
Seriously, this is kindergarten-level manipulation.
I agree.
If I were still in, I wouldn't have listened to them because, as congressmen, they're not in my chain of command.
There's no way those six made that video before ensuring they were legally covered. They walked right up to the "sedition line" without crossing it. And yeah, there might not be legal criteria to send them on a "perp walk," but at minimum, they should be censured.
I, quite begrudgingly, agree. Sigh.
Now if only the voting public was actually paying attention.