Consequences of unlawful military orders

Date:

David Conde, Senior Consultant for International Programs

Stephen A. Smith, a sports commentator that tends to “preach” his analysis has been branching into politics as well. The latest on this subject was posted in his Sirius XM Channel show “Straight Shooter” where he took Senator Mark Kelly from Arizona to task for a video Kelly made with colleagues from Congress indicating to members of the American military that they should not obey illegal orders from those in command. 

Senator Mark Kelly, Arizona, Elissa Slotkin from Michigan, Representative Chris Deluzio from Pennsylvania, Representative Maggie Goodlander from New Hampshire, Representative Chrissy Houlahan from Pennsylvania and Representative Jason Crow from Colorado, all military veterans, came together to post a video for members of the arm forces about not following “unlawful” orders during a very confusing time for our warriors. This video appears to have been made necessary by what looks like politicization of the armed forces to the point that politicians in charge have summoned generals and admirals in mass to be lectured on obedience to one man rather than the Constitution, the use of regular military troops to police cities, attack boats in the Caribbean and kill people with no due process. 

As a veteran, I am not surprised that other prominent veterans and their high level of integrity and knowledge would speak to their active counterparts to mentor and warn them about the law and the possible consequences of issuing or following orders that violate the Constitution and its statutory applications. This misuse of our Army, Navy, Marines and Air Force can lead to serious consequences.

The Supreme Court has already said that President Trump is immune from prosecution for things done while in office. However, this immunity does not extend to his underlings civilian or military. 

That means that when things “normalize” and we have effective military Inspector Generals and a Department of Justice that follows the law, there is bound to be consequences for people like Secretary Pete Hegseth and, at the same time, we do not want our active members that are trained to obey smeared or charged for their misplaced loyalty.

Our armed forces are funded, trained and equipped to kill enemies of the United States. Are we to turn them loose on the streets of America? Are we to reduce our military to using their great infrastructure to go after narcotic traffickers? Are we to allow serious violations of the Uniform Code of Military Justice on the whims of a temporary occupant of the White House?

It is clear that the stakes are a lot higher than that. There is a sense of sinister thinking that our military can help gain the Gaza Strip for the later development as a hotel and beach resort that enriches its owner. 

There is Venezuela that with the help of the military can be made to turn over its oil wealth for private gain in America. Then there are the rare earth riches in places like Ukraine and Greenland that can be had by those oligarchs that feel strong enough to take them with the help of a powerful country like the United States.

The wider picture seems to indicate that much of what we are seeing is a pattern of command and control for private gain. Military assets like the carrier Gerald R. Ford and its strike group in the Caribbean are there to help make it happen. The video by Senator Kelly and his group makes much sense. It is a direct appeal to each member of the military not to be taken in.

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