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Here is the thesis: "it is the responsibility of senior military and civilian leaders to ensure that any order they receive from the president is legal".

This core premise is surrounded by semi-intelligent sounding legalese addressed to current officers encouraging them to disregard any orders from the commander-in-chief that aren't universally supported by the legislature, supreme court, and their internal focus groups.

I love this made up nonsense:

Under best practices, civil-military relations follow the regular order of the development of policy and laws, which protects both the military and civilian control. Under regular order, proposed law, policies, and orders are reviewed extensively by multiple offices to ensure their legality, appropriateness, and likely effectiveness."

So you propose that any order issued by the president must be reviewed by some policy committee, JAG office, or discussion over lunch at the officer's club before execution of those orders? I think you should also warn your young officers that refusal of an order is an "emergency, break glass" kind of event, and should that refused order prove ultimately to be lawful, they're going to Leavenworth.

Military and civilian leaders must be diligent about keeping the military separate from partisan political activity.

So follow your own advice, and stay out of politics. Shrouded warnings about a refusal to follow the orders of presidents you don't like places you square in the middle of it.

Here is the thesis: "it is the responsibility of senior military and civilian leaders to ensure that any order they receive from the president is legal". This core premise is surrounded by semi-intelligent sounding legalese addressed to current officers encouraging them to disregard any orders from the commander-in-chief that aren't universally supported by the legislature, supreme court, and their internal focus groups. I love this made up nonsense: >Under best practices, civil-military relations follow the regular order of the development of policy and laws, which protects both the military and civilian control. Under regular order, proposed law, policies, and orders are reviewed extensively by multiple offices to ensure their legality, appropriateness, and likely effectiveness." So you propose that any order issued by the president must be reviewed by some policy committee, JAG office, or discussion over lunch at the officer's club before execution of those orders? I think you should also warn your young officers that refusal of an order is an "emergency, break glass" kind of event, and should that refused order prove ultimately to be lawful, they're going to Leavenworth. >Military and civilian leaders must be diligent about keeping the military separate from partisan political activity. So follow your own advice, and stay out of politics. Shrouded warnings about a refusal to follow the orders of presidents you don't like places you square in the middle of it.

(post is archived)

So, if the President orders the military to quietly work out ways, methods and means to install a military presence on national soil to quell protests from the right (and never the left), the generals, Secretary of Defense, and other command staff have a duty to disobey such an order?

No, it is unconstitutional but they did follow Ike's order in the 50s.