The deployment of troops to certain U.S. cities is a hot topic of conversation right now. Some in positions of power are pushing for it to happen, while others in positions of power are doing their best to prevent it from happening. Another hot topic is the targeting of alleged drug traffickers in the waters of the Caribbean and Pacific.
Caught up in the middle of these and other such debates about what the military should or should not be ordered to do lie those expected to carry out the orders given – the servicemembers. Some Congress members who themselves served in the military or intelligence have come out and urged serving military members to disobey any illegal orders they are given.
Between a rock and a hard place
As a member of the military, you are generally expected to carry out the orders given to you. If you refuse, you could face prosecution for that refusal, which, if it leads to a conviction, could harm your career and liberty.
Yet military law makes clear that you are only expected to follow orders that are lawful and that following unlawful orders could lead to your facing prosecution. Historic cases have shown that saying you were just following orders may not save you from the consequences of any illegal action you carried out under orders.
So the question you really need to consider when faced with an order you disagree with is whether or not the order is lawful or unlawful, and that may be an incredibly difficult call to make. Whichever decision you take, you could find you end up facing an investigation over it sometime in the future. Legal guidance can be critical in such situations.