The state of Minnesota and the Twin Cities of Minneapolis and St. Paul are suing the federal government to stop an enforcement surge by Immigration and Customs Enforcement.
He will. He just reminded them of what their oath already says, and that it only applies to lawful orders. “Just following orders” does not protect you from prosecution for following illegal orders.
The UCMJ does not define what “lawful” means directly. However, the Rules for Courts-Martial say that an order is lawful, “unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it.”
The two oaths, for context:
The Oath of Enlistment (for enlisted):
“I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”
The Oath of Office (for officers):
“I, _____, having been appointed an officer in the _____ (Military Branch) of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.”
He will. He just reminded them of what their oath already says, and that it only applies to lawful orders. “Just following orders” does not protect you from prosecution for following illegal orders.
The UCMJ does not define what “lawful” means directly. However, the Rules for Courts-Martial say that an order is lawful, “unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it.”
The two oaths, for context: