The BOPAC Report – Tom Kovach’s Article – Discussion on CitizenWells

The BOPAC Report

We were having a good discussion of Tom Kovach’s Article just now on CitizenWells blog! Anyone want to chime in?

This one paragraph is from Tom Kovach’s article and it certainly gives me pause:

Rule 916 of the Manual for Courts-Martial (MCM), “Defenses”, especially subsections (c) and (d), makes clear that not only should a military member not be charged with a UCMJ offense for not obeying an unlawful order, but also that said military member does, indeed, have an “affirmative duty” to disobey an order that he knows — or, “that a person of ordinary sense and understanding would have known” — to be unlawful.  The commentary of Rule 916 also cites Rule 801(e), stating that the question of whether the person giving the order was in a lawful position to give said order becomes an interlocutory question.  The brilliant men that wrote the Constitution of the United States did so in a manner that “a person of ordinary sense and understanding” could properly interpret the entire document.  Nowhere is that more clear than in the clause requiring the president to be “a natural-born citizen”.

Read Tom Kovach’s entire article here.

I can’t attest to the accuracy of Mr. Kovack’s quote of Military Law – but Wow!

…said military member does, indeed, have an “affirmative duty” to disobey an order that he knows — or, “that a person of ordinary sense and understanding would have known” — to be unlawful. …

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