TRADOC ordered to watch President?

[jmm99]

Here's a response from OTB, which is mainstream on this issue, but brief - the 1/LT may be pictured in the photo caption.

Other than curiousity about a legal point (see below), the "Alan Keyes argument" (he being a major proponent) looked a bit ridiculous to me. Turns out there have been quite a few bytes spilled on this - and some in the military, besides the 1/LT, are getting involved, or thinking about it. Deep coverage at this blog (Natural Born Citizen) - suggesting among other things that the 1/LT was not into disobeying orders, but was questioning presidential validity.

PS: see article at military.com

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Ran into this recent article at SSI, which deals with the more serious issue of dealing with "bad" NCA (POTUS > SecDef > GEN X) orders at the highest military level:

(p.3)
Interestingly, because most officers never come into contact with an appointed civilian superior and instead interact with a military chain of command far removed from the policy debate, the concept of civilian control becomes an abstract academic ideal instead of a practical professional reality.

This led me to my curious legal question: What is the legal sanction if GEN X tells the NCA to go to hell (whether based on the "Alam Keyes argument" or some other "unlawful order" argument). Clearly under the UCMJ if GEN X transmits the order and LTG Y makes his stand.

But, if GEN X makes his stand, is it a UCMJ offense, a Title 18 (Federal Criminal Code) offense, or an offense in another USC Title, under the evolutions and emanations from Goldwater-Nichols.

Didn't find anything on a limited search.