Monday, October 19, 2020

Orders, legal and illegal

Eugene R. Fidell

Just Security has this post by the Editor on lawful and unlawful orders. Excerpt:
Hypotheticals worth pondering include whether General Milley could have been prosecuted had he refused to walk with President Trump to the church door, or whether an order to paint over “Black Lives Matter” on a city street would have been legal, if the president asserted that these actions served the military purpose of force protection, including protection of the commander-in-chief at or near the White House. Recently, the Marine Band was required to play at what certainly seemed to be a campaign-related White House event. Would the piccolo player have had a defense if she refused to play John Philip Sousa’s immortal “Stars and Stripes Forever”?

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