A legal order may be completely stupid and 
counterproductive.----full left at full speed. 
The order to the Light Brigade was legal.
You cannot, however, legally order someone
to commit an atrocity like those at the prison.
That is why that the prison investigation won't
end with conviction of those who actually 
committed the atrocities.
 
Ray Moses
Retired Colonel

________________________________

From: [EMAIL PROTECTED] on behalf of Dan Minette
Sent: Sun 10/24/2004 1:48 PM
To: Killer Bs Discussion
Subject: What's a legal order?



I have a couple of questions raised by the 18 reservests that refused an
order.

1) Is there any way that an order can be foolhardy enough to not qualify as
a legal order?  If so, are there criteria?  For example, if someone know's
the captains orders will endanger the ship, like hard left at full speed,
are they allowed to do more than say "Pardon, Captain?" a few times?  Are
they allowed to say "no"?

(I'm sure this isn't a practical example...the captain should understand
what is meant, but I hope you get what I mean.)

If so, lets say a subordinant knows that an order will endanger a number of
troops without achieving a real tactical or strategic goal, is that order
still a legal order?

I'm sure you are seeing where I am getting to.  If the story that is told
by the soldiers is true, that they were to be sent in unprotected trucks
through a dangerous area, contrary to usual procedure, in order to deliver
contaminated fuel that has already been refused once to some unsuspecting
unit...or maybe to a suspecting unit who will refuse delivery, are they
still required to do it, even if a reasonable, knowledgeable person would
say that the action they refused would harm, not help the US's mission?

These are not retorical questions.

Dan M.

Dan M.


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